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Builder is two months late completing job with long list of unfinished work and other problems: what steps should we take?
Builders started our house extension on contract in April and were due to finish the work at the end of August. They are still working on it although sometimes only one or two unskilled men on site whilst the tradesmen go to other jobs. The builder has failed to meet every deadline which has been extended several times. Recently they asked for the keys to complete allegedly "final" works and yet they are still here with 41 uncompleted items and a snag list of 12 mistakes to rectify. The builder is often difficult to get hold of. They are also a limited company. What legal steps are open to us?
Building disputes of this nature are notoriously difficult.
We recommend the following course of action:
- DO NOT pay any money to the builder from now until the building work is completed to your satisfaction.
- Refuse entry to any workers immediately and demand a meeting with the company manager.
- Agree in writing what work will be completed by when. Make sure the agreement is signed by a company representative and that it contains an acknowledgement from the company that they accept that any failure to meet the revised deadline will result in you appointing other contractors and seeking the cost from them.
- If they will not sign such a document then put it all in writing to them explaining that their continuance with the work is subject to your terms. Be reasonable with your deadlines.
- Check if the company is a member of any trade association and if so contact the association and lodge a complaint with them. Send copies of correspondence to the association.
- If you have retained any money and the builder does not meet your revised deadlines you are entitled to use the money to pay another builder.
- If you have not retained any money (you should always do so) you can recover the cost of any other builders used from the company. Being a limited company you will have to make a judgment whether they can afford to meet th cost. If the amount is over £5000 you can retain a lawyer to represent you and they may be able to recover their fees in addition to your claim.
I hope this is useful. If you need further advice regarding this case please come back to me.
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