Dispute with builder

[kkma]

We engaged a builder to do a big extension for our house and had a very bad experience with him so have decided to stop work.

some of the issues were

1. deviated from drawings without consulting us or architect and now they are not rectifiable so need to update drawings as the changes are significant
2. no health and safety consideration, disconnected gas pipe without gas safe engineer, left gas line uncapped for months while we were living in the property
3. have left a big crack in the property

We are now claiming a refund based on contraventions on the payment milestones and repair work needed but he is adamant we owe him money based on his accrued cost and wants to disregard the milestones.

we will need to engage another builder quite soon but if either of us go to small claims court what are the chances?

Who is project managing ?
how often are they on site ( ie have you paid the architect to be a PM and how often are they contracted to visit site )

Architect is not the pm, nor coming to site. The building control have identified these deviations and the builder is asking the architect to update the drawings retrospectively

I asked because if the Architect is PM it’s their responsibility to check
As they aren’t then it’s down to whoever is and pick up on mistakes as they happen to rectify quickly. So it doesn’t cost you or the builder so much

If you’re getting a new builder all you can do is take the old one to the small claims court. I wouldn’t hold your breath on that one though
Even if you win you won’t be seeing your money any time soon

In the mean time check everything daily with the new builder or bring the Architect on board as PM

I would add. As an Architect I wouldn’t PM a domestic job. It’s a lot of work and domestic clients rarely appreciate how expensive and time consuming it is.
A previous practice I worked in had a client who paid the builder but not the Architect. It took twenty years for them to pay up in monthly instalments because small claims decided they couldn’t afford to pay more than a few pounds a month

They paid the builder because if you didn’t pay up they will come and take down your building.

Moral of the story
Get an Architect to PM but don’t be surprised if they don’t.
Check everything yourself daily.

Ps. You can check if an Architect is qualified by checking their name on the ARB website. That way you know they are insured and legally qualified as so many people lie about their qualifications which is actually illegal.

Thank you, I am not keen to go to a smalls claim court but also don’t want to pay him anything more. The builder is threatening us to pay more as his costs were higher that the agreed milestones. So given the health and safety concerns and the non-rectifiable deviations from the drawings, what are the chances of each parties to win?

Health and safety is a matter for the Health and Safety executive and should be taken up at the time
ie the gas issue

Its Nothing to do with what you are experiencing now
You can of course report the builder but quite separate

Deviations from the drawings is something that should have been picked up at the time.

so ask yourself
Why was it left till they became non rectifiable
Why so late
This is why I’m mentioning who is the PM
If it was the Architect it would be on them
If it’s you it’s on you
If the builder is PM it’s on them

Whose fault it is in not doing timely checks is key in determining who is liable

If you don’t want to go to small claims and don’t want to pay the builder you run the risk of them taking down the building work.

As you are in dispute I think small claims is the only way
First I’d put the relevant issues in writing to the builder
Then See how they respond in writing

It’s worth noting OP a new builder may struggle to insure any works they haven’t done themselves
So approach prospective new builders before you sack the current ones

Thank you so much, we might have to go to the smalls claim court then. There is still a grey area on project management so don’t think anything has been mentioned in the contract specifically

If the works aren’t finished then unless the crack is because of something very serious, the builder could / probably would have rectified it.

Is no. 2 sorted now?

in respect of no. 3 - how did they deviate from the drawings? If you can’t rectify - what are you hoping to do in terms of suing or is it just a case of not wanting to pay anything further?

You wouldn’t be entitled to a refund. The best you could hope for is recovering costs of rectifying whatever hasn’t been done properly OR assessing (with an expert) how these deviations have affected the value of your property.

If you aren’t experienced in this area OP
and don’t feel you can project manage yourself
you need someone to project manage on your behalf

Who has been project managing, were they on site for discussions with the builder every day?

you are unlikely to get anything back, he’ll already be planning to liquidate most likely. I would focus on getting legal advice to try and ensure you don’t have to pay him any more.