Extension - builder not coming back

[matthew.larkin]

Last year we had a two storey extension put up, which went mostly smoothly.

The builder was recommended via word of mouth from some others; good quality work, organisation sometimes a bit ropey but generally a good guy to deal with.

We used the FMB contract to agree a fixed price (which was stuck to) and retention of just less than =A32k.

Work was all carried out fine, though as we got to the end there were a few finishing details which didn't get done. The guy had no additional orders in so went off to work for someone else as either a foreman or brickie (not sure which).

We've now spent about 6 months trying to get him back to sort the agreed snagging list (nothing major, but nonetheless still needs doing) and finish off a few extras that he agreed with us. But after fobbing us off for a good while, he now ignores our phone calls and texts.

I suspect that the value of the retention isn't enough to tempt him back (particularly if he subs out the work to others).

What I'm concerned about is that we need certification of stuff at the end (don't we?). I'm thinking final clearance from BCO, Part P etc.

My plan is to write to him this weekend formally (though on friendly terms) and say "look, we've got =A3xx of your cash here waiting for you to do this work. You've got until xx/xx/xxxx to come back and do it or else we'll consider the contract terminated. But you've got to honour your responsibilities to get the various certifications done for us".

What do you think my chance of sucess are? And what formalities do we need to do at the end of the project to clear everything off if he doesn't turn up?

Thanks in advance for any help!

Matt

[matthew.larkin]

I can't see any builder that would work with a 30% retainer. Subcontractors have to be paid, and if the guy can afford to be out of pocket by 30% that means his personal profit margin is way too high. Commercial terms are generally around 1.5% of certificated value, anything above 5% would be incredibly punitive.

OK, sounds sensible advice. Not having dealt with BCO before I didn't know what needed doing here.

Again, sound advice; that's what I was planning actually, what I meant to emphasis was that I wasn't planning on being too anal about it; the ball is in his court - if he wants to come back, fine, if not then that's his loss (unless of course the work that remains has a significantly higher value than the retention, in which case we're stuffed!! (And that's our fault ref the level of retention agreed!!)

Matt

[Dave Baker]

The builder was recommended via word of mouth from some others; good quality work, organisation sometimes a bit ropey but generally a good guy to deal with.

We used the FMB contract to agree a fixed price (which was stuck to) and retention of just less than £2k.

Work was all carried out fine, though as we got to the end there were a few finishing details which didn't get done. The guy had no additional orders in so went off to work for someone else as either a foreman or brickie (not sure which).

We've now spent about 6 months trying to get him back to sort the agreed snagging list (nothing major, but nonetheless still needs doing) and finish off a few extras that he agreed with us. But after fobbing us off for a good while, he now ignores our phone calls and

What I suggest you do is get another quote for finishing the works. If that comes to less than the retention write to him recorded delivery politely but firmly mentioning that "time is of the essence" and giving him 31 days to complete the works or you'll consider the contract breached and terminated. If he's done nothing after six months he isn't going to now and you can pocket the difference.

If it comes to more than the retention write to him on similar terms giving him 31 days to finish it or you'll get a 3rd party quote to finish it and claim any balance over and above the retention from him in the small claims court. Don't actually mention in either case that you already have a third party quote for the works.

In either case you've taken reasonable steps to resolve the matter as well as cover yourself legally and will look good to a district judge in the unlikely event of it actually going to court.

[Andy Hall]

That depends on negotiation, but academic now.

Call and ask. I've found BC departments to be sensible and professional and pretty helpful. Their objective is to make sure that proper and safe standards are used - for the most part.

Well..... you're not stuffed. If it turns out that the amount is significant, then you can choose between writing off or pursuing it. This is why it's not a good idea to be *too* nice guy now. You might want to adopt a firmer position later.

The other thing is that if there is anything that is visible and can be photographed, then do so.

I had a situation of a retention payment which developed into the construction firm attempting legal action for repayment. Sending their law firm pictures of work that they hadn't done put them on their back foot and got them negotiating for a far smaller sum than the original claim.

[ARWadworth]

I could not agree more than starting with the BC department.

They are usually very helpfull the BCOs. The only unhelpfull ones are the those that arrive at a job where someone is lying to them.

Adam