How much do you pay a lying builder to finish and go away?

[TodgyCat]

Hi all,
I was cheered last night with the fellow-sufferers I found on mumsnet by searching "I hate my builder". But in practical terms....need to take action and seeking advice.

Our builder is a proven liar (long story but he has admitted it in writing, I'm not misinterpreting). My take is he is an incompetent project manager who lies when he can't see another way out of his mess. He has eroded his profit margin through incompetence and he's trying to claw it back. He must know he is on dodgy ground legally on some things.

He has just asked (on flimsy excuses) for an extra 8K for our two projects which total 220K. He has already been given an extra 10K to fix his own mistakes. We'll have to pay £800 to get the building control certificate he has lied about made a mistake about.

He also says he will be late (and face a penalty) if we don't let a "not so good" decorator help the proven good one - if we refuse the "helper" then he isn't penalised for lateness - what would you do?

I worry if we pay he will just ask for more money yet again. If he cracked on there is about 2 months' more work in all. He is 5 months late on one project (due to be "16 weeks") and expected to be 6 weeks late on the other ("4-5 months").

Do I pay what he asks? Do I offer to pay half but say absolutely no more invented extras and arguments? How do I make that stick? (have been trying without luck to engage a building surveyor - only one has even replied).

I know I'm being a wimp but this is dominating my life and DH's and making us both ill.

I've just had another idea - offer a 5K bonus for completion of the better project on time without any other silly magic extras and arguments (I think his 8K is a negotiating position, 5K is quite generous).

Insist on using the good decorator but agree upfront how much longer it will take.

The even later project must also have an agreed spec and cost to complete, but I don't mind it being a bit later if we can only get our house back.

What do you think?

This sounds like a stressful situation to be in OP.

Could you engage a firm of residential QS/dispute handlers to value the works completed and give your builder notice and pay him off?

I just did a search and a few firms that offer valuing/dispute resolution services came up.

Has he detailed what the money is for? Have you paid him money up front or has he been just been paid for the work to date? Why is he suggesting you get a crap decorator? If the job is to decorate to a good standard then he had to provide a good decorator. You should not be put in the position of choosing contractors of varying quality to get the job done on time - that’s his job.
Have you sought legal advice? What does your contract specify?
I’d be tempted to tell him to down tools and leave but it will be hard to get another builder to finish his work. But I don’t think you should be giving him any more money unless there’s a demonstrable reason for it.

I think the danger of a bonus is that work will be rushed and you are swapping one problem for another. I don't know the exact work but I'd get the BC certificate , then get some else in to finish , if it's 8k ish on a quarter million pound job is it just decorating left to do ?

Thanks all
He’s been paid about half, prob about right for progress so far. There’s only one thing remaining that will be hard for someone else to fix. But I suspect it will be faster and cheaper to push to the end with him. Just noticed that on Friday he fitted skirting in 3 rooms that he is supposed to be levelling with 5mm screed. So the skirting is too low and will get wet when they do the screed. Aargh.

@chickencellar good point re rushing. This is so maddening...

Our house was gutted by a burst pipe in March 2018. we’ve been living in 3 rooms with a makeshift kitchen since then. We are also building a sunroom. Remaining repair work is screed two storeys, paint everywhere, tile and fit a bathroom for the repairs. For the sun room it is replace crap windows he installed, install underfloor heating, tile, paint ceiling, sand oak beams, and lay patio. Separate firm is fitting the new kitchen, they are a joy to work with.

To be clear .. the 8k is extra he suddenly asked to be paid. On top of the agreed price. That’s why I worry he’ll do it again, he already added 10k in extras that we have agreed to pay, all to fix his errors.

Are the insurance company involved ? I would honestly have real think about letting this chap go and getting someone else if it's your money. If he is from the insurance company then speak with them.

Have you posted about this before ?

@chickencellar yes, I've posted before. The insurer gave us a lump sum, as their own builders managed only 10 days work in a year, in which time they mainly damaged a lot of stuff. (The insurer no longer use that builder at all.) So, effectively, it's our money, and there is enough to cover this increase because we're doing some of the repairs ourselves.

His tradesmen are mostly quite good, it's all just a shambles because there is no planning or project management. And nothing in writing except what I write. Which he mostly ignores but I see it as a paper trail.

The extension we were a bit dim about and nothing is in writing. I tried harder for the repairs and have a detailed spec, for which he unwisely provided line by line costings. We also have an end date and a penalty clause. So we can manage from that. The new costs that appeared on Friday are all for the extension which is less pinned down.

I would love to fire him but am not sure we'd get better. We've had worse builders before. This one is merely greedy and a bit dishonest, his work is ok. I've tried for a couple of weeks to find a building surveyor but no luck yet - would never do this again without one! Actually, I pray I never do anything like this again, ever.

I realise it is easy for me on the internet possibly at the other end of the country to say get someone else in but dodgy builders rarely turn good. I'm not sure how you can put more pressure on him to finish the job , could you go directly to his sub contractors ? Maybe look for a quantity surveyor who could help with the extension costs and timescales.