Breach of contract

[Amy00]

Hi everyone, I would like opinions please on a situation with my in-progress extension. Just discovered the builders have deviated from the plans without discussing with us first (so are in breach of contract), by building the second storey extension c20cm lower - floor to eaves should have been 1.8m but they have built 1.6m. This means the pitch of the roof starts lower:

1. pushing down the windows (which started low anyway but now look ridiculously low),
2. would mean we couldn’t put tall furniture like wardrobes up against the wall (would need to get custom built),
3. difficult to squeeze a toilet under the window in the planned en-suite and
4. the whole feel of the rooms will be smaller.

We are still trying to understand why this has happened, but coming to the conclusion they simply made a mistake. Are we being unreasonable to ask them to take the roof off and re-build it 20cm higher? The roof is built but not tiled yet. They are obviously pushing back and saying they could maybe reposition the windows to be slightly higher, but that doesn’t solve issues 2-4 above. This isn’t an investment property we are flipping to sell, we plan to live here for many years to come hopefully and are spending our life savings on this so I want it to be right!

Would appreciate some outside perspective please 😊

20 will make a huge difference to the feel of the room and more importantly deviates from your plans so what you got permission for and the calculations for structural integrity. Yes I would absolutely push back assuming you had detailed structural plans that they should be following.

I would push back. Good luck.

Hmm well sounds like you’ve tried the informal/friendly approach. I think you are right to want the work done as agreed for obvious reasons not least because 1.8m is the height of an average person and 1.6m is not. Maybe call building control today and ask for advice? Possible here that some elements of the extension as built by the builders may fail building control anyway. And A third party here to broker the way forward would be easier. At the very least I would very calmly put your concerns in writing before work goes any further and becomes more expensive to rectify. In the letter, set out what you agreed (and refer to contracts/plans etc) and then the meetings you’ve had on x dates. Point out that the builders had ample time to discuss possible deviation from the plans but failed to do so. Advise the issues their deviations now causes you.. i.e my loo now won’t fit in, me/mypartner/significant other is 1.78cm tall not 1.6m/whatever and now can’t walk in the room without stooping, it’ll make the houses difficult to sell in the future, etc . List it all. Offer them the opportunity to respond but set a deadline (end of this week). Point out that you will not be paying for the rectification work as this is not a client mistake. Hand a copy to the foreman in person, send another recorded delivery to the registered company address. I would not pay any more money until this is resolved and take legal advice. Available Builders are scarce at the mo but that does not mean you should be held over a barrel nor accept work that causes you issues in the future.

Is it to do with the required angle of the roof? This often dictates things?

Are you in the UK OP? Is it timber construction?

I should clarify that when they put the ceiling in, it will be normal height (c2.5m) in the middle of the room. It is just the wall height to the eaves meaning there is more of a slope around the edges of the room/ the slope starts lower.

Before we make any decisions we are waiting to hear back from our architect that for confirmation of the error, or to confirm that they indeed had no choice based on some discovered aspect that I don't understand. Unfortunately the architect has gone on holiday for a week but did sound very surprised when we spoke to him on the phone and backed us up in an initial email. But he did say "if the roof isn't on yet, I suggest doing x and y" - problem is the roof is on 🙁

@HasaDigaEebowai yes I am in the UK and it is timber frame construction.

And the angle of the roof is as drawn, it is the height of the roof that is incorrect. The middle of the roof is too low, it can be seen from the outside that it is not as high as it should be, but that has then meant they had to shorten the walls to keep the required angle. If that makes sense!

If that picture is today though the roof isn’t on, the joists are up and a bit of felt but the roof itself isn’t on.

I’d want it right and as long as you are sure that the drawings are right and there isn’t a valid reason why they dropped the roof then I’d be saying really sorry but we need it done to the drawings. I wouldn’t start shouting about breach of contract just yet (and I’m a lawyer!)