No completion date

Question

We started our project in Jan25, adding a single storey, flatroof rear extension with new kitchen/utility, alterations to the existing rooms including a new bathroom & en-suite.

Groundwork/structural happened quickly & smoothly. But in the last 2mths things have really slowed up.

We were originally told it would take 5-6 months. Now early July and we are so far from completion; the rooflights aren’t even in so we’ve had several leaks where the roof is not watertight.

We did not have a completion date written into the agreement, our mistake in hindsight. And now, the builder won’t say when we can expect completion. He even said he would need to leave our project to work on something else he has lined up, & then come back.

We have always paid the builder promptly when requested, but we now feel the need to hold the rest of the money back until he completes the job.

Is it unreasonable for us to expect that his priority is finishing our project & giving us some idea on completion?

Ben · Accepted Answer

While it’s difficult to know the intricacies of any project. It’s possible the Builder is having cash flow issues or has faced more expenditure than expected to complete your project.
See if you can have a meeting with the builder to ascertain if there are any issues and if they can be straightened out to move the project forward. As a Builder and Project Manager I understand the difficulties from both sides. Hope this helps.
Kind regards

James · Answer

Do not pay any more payments until he now completes the work, also is there a stage payment contract

Joe · Answer

Double edged sword, you really need to communicate with the contractor and reach a resolution as soon as possible. The water leaking from the roof is a major cause for concern. Most reasonable builders would want to finish the project amicably and move on. I know people will say take him to court but that’s the last thing you want. 
 A contract is not written in stone, it’s a working document, compromise and get him to finish critical jobs then you can go back to the contract and put dates to stages. 
At this stage conflict resolution is the best way forward. He maybe aggrieved somehow, you will be surprised. Get the guys back on site and get them to specify what their actual plan is. Agree to pay when a certain milestone is reached.

Dawid · Answer

I wouldn’t pay any money until he now agrees the dates on paper . You have contract with the guy . It wasn’t written but he told you the timescale . Now because he is delayed you cannot trust him fully , as he didn’t do what he said to you . Let him to give you the dates on paper , any delays from the dates will be deducted from his final bill. Maybe this will help him to finish what he started .

Daren · Answer

Firstly, a single story extension should never take 5-6 months. It sounds like he’s took the money from your job and spent it if he’s had to pull off and complete other work. 
I’d get another firm to complete the work and demand money back from the original builder.

Yadwinder · Answer

You have all the rights to hold your money if you were kept in dark regarding deadline of finishing work .. and you already got some leaks as well

Spencer · Answer

An initial proposal of 5-6 months appears to have more than enough latitude for a single storey flat roofed extension. Personally I’ve just completed one of 42.5 square metres; a knock-through and a 3 by 1.5 lantern and with an adjoining house rewire, newly plastered and the extension was a replacement and it ended with a new kitchen, utility cupboards, tiled floor, en-suite and snug, outdoor patio and walls. - but that said I can’t see what obstacles your builder has had to overcome and in what conditions.

What’s apparent now is a breakdown in relations between you and your builder which isn’t a good position for either and the escalatory language is one of threat from both parties. I strongly recommend that you both sit down and find compromise and common ground. I also have a strong suspicion that your builder has underpriced your job and that’s why he’s threatening an overlapping scenario between your work and other income in order to both honour your work and keep himself monetarily functioning. ( That’s if he’s honest and above board). Quite a few builders for numerous reasons such as the weather, supply delays, communication issues, customers changing their minds, inefficiency, errors and rectification etc., etc. can massively underestimate the timescale and place themselves in a de facto position of having to work that additional time free of pay.- especially if they’re unlucky or inexperienced in pricing or evaluations of projects. At the same time a customer is going to feel rather aggrieved if they have to foot such a bill, even if the original cost ought to have realistically been significantly more.

I can’t comment whether it’s the builder or the client who is more wrong, but it’s in both your interests to move forward; perhaps especially yours! You need to have a firm plan in place and a payment schedule breakdown to be paid on completion of each individual element. This way there is some degree of reestablishing trust. He’ll believe he’s getting paid and you’ll be seeing steady progress. You also need to work out that the maths works by adding up all the individual elements and comparing against what the balance is! I have a feeling that this is where some compromise may be required and gentle negotiations.

Richard · Answer

Do you have a contract with the builders. Sounds like they have either 
- pulled all the money from the job and now have no incentive to complete, 
- over committed elsewhere and haven’t got the labour to complete. 
- having financial issues and need other work to help fund the completion of yours. 
I would ask for legal advise asap as the outcome might not be good.

Luke · Answer

I always say it's OK to pay half but you never know if an unexpected expense will come up as things can go wrong and although you can't be responsible but sometimes it's needed

No completion date

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