In mid March we signed a contract with a builder to construct an extension and paid a sizeable deposit. In hind sight we should have insisted on a start date being included in the contract but due to lack of experience we relied on a verbal agreement that we were the next job and would begin by the end of April. Since then we have had various reasons why he hasn't been able to start the project, illness, employee illness, current job over running.
I understand there are current difficulties in the building trade but there's lots of work going on in our local area and he's posted photos of at least 2 completed jobs on his Facebook page while we've been waiting.
We all agreed a fixed price in March and with material costs having gone up since then I am wondering if he's picking up other jobs where he can charge the current rates.
Today he has again postponed for another 4-6 weeks. We are beginning to lose confidence and are considering giving him a 6 week final deadline, stating that if he hasn't commenced work by then we consider that to be a failure to start with in a timely manner and that we expect the return of our deposit.
Apologies for the long post but I'd be grateful for any advice / guidance from people with more experience than ourselves!
Write to him setting out what has recently been agreed, confirm the last possible date he needs to start (based on the 6 weeks).
Let him know if there has not been a significant start on the job with agreed programme and end date you are cancelling the contract and expect refund of the deposit by close of play on that same date,
I would insist on return of deposit immediately due to breach of contract and find another builder. If this is what he is doing now, imagine what it will be like when he actually does start work. You will have an unfinished extension for months or even years.
My guess is that he has spent the deposit and cannot refund it anyway so small claims court is going to be the only way to extract the money back from him. Going to court is not scary as only 3 or 4 people in the room sitting around a table.
Ask politely for return of deposit and when that does not happen, send a written demand for return of deposit and if he still does not refund then it is court and he will have to pay all costs.
You are covered by the Consumer Rights Act 2015. https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted
Builders are so busy now that if you cancel you may not get another till next year.
I was waiting for 18 months to get a builder to even give a quote for some work I wanted done and a further 9 months to get the job done.
They can't get workers since Brexit and materials like cement and plaster and timber are in short supply.
saxo1
I think this is one of those cases you see on rogue traders. He's got your money, he doesn't care that you know hes doing other jobs, and is vague about starting your job. I fear for your money, but good luck.
Quote: Originally posted by saxo1 on 08/9/2021
Builders are so busy now that if you cancel you may not get another till next year.
I was waiting for 18 months to get a builder to even give a quote for some work I wanted done and a further 9 months to get the job done.
They can't get workers since Brexit and materials like cement and plaster and timber are in short supply.
saxo1
Thats hardly an excuse Saxo1 - if they can’t fulfil the job they shouldn’t take it on. In my opinion builders will take the job on - get the deposit and make excuses not to commence works. If they are doing that to one person you can rest assured they are doing it to numerous others. Nice little earner for doing bugger all. Our builder took longer to build a single story extension than Taylor Wimpey did to build 380 unwanted houses out the back of us! Needless to say we sacked the builder!
To the OP go and see Citizens advice. CAB and Trading Standards are one and the same nowadays as a result of cuts. They were very helpful with us. Also Which will give you free legal advice you have to sign up for a year at 9 quid or so but cancel after 1 month after you get the ‘free’ advice!
Thank you all for the different perspectives, it helps to hear other points of view and reassuring to know that others would be concerned if in the same situation.
Quote: Originally posted by iank01 on 08/9/2021
I would insist on return of deposit immediately due to breach of contract and find another builder. If this is what he is doing now, imagine what it will be like when he actually does start work. You will have an unfinished extension for months or even years.
My guess is that he has spent the deposit and cannot refund it anyway so small claims court is going to be the only way to extract the money back from him. Going to court is not scary as only 3 or 4 people in the room sitting around a table.
Ask politely for return of deposit and when that does not happen, send a written demand for return of deposit and if he still does not refund then it is court and he will have to pay all costs.
You are covered by the Consumer Rights Act 2015. https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted
Thank you for the link, the wording does sound like it could help our situation. Much appreciated
I'd send a formal recorded letter that you will cancel if he does not start work within 6 weeks.
Actually, I'd give him 2 weeks. I should be clear that, as he has shown insufficient commitment to do the work, I would prefer the money back a) because it gives you more options rather than use a builder you don't trust, and b) if the comments about builders chasing higher paying work are true (which they are) you can be sure the builder will try everything he possibly can to make the work he does more and more expensive.
You are better off getting a new formal quote from a new builder even if its far higher.
I also think you should contact whatever building organisation e.g. nhbc he is a member of, and presumably you saw other customers of his and the work they did before committing your money, so I'd look them up too.
Quote: Originally posted by chambers4 on 07/9/2021
I'd really appreciate some advice...
In mid March we signed a contract with a builder to construct an extension and paid a sizeable deposit. In hind sight we should have insisted on a start date being included in the contract but due to lack of experience we relied on a verbal agreement that we were the next job and would begin by the end of April. Since then we have had various reasons why he hasn't been able to start the project, illness, employee illness, current job over running.
I understand there are current difficulties in the building trade but there's lots of work going on in our local area and he's posted photos of at least 2 completed jobs on his Facebook page while we've been waiting.
We all agreed a fixed price in March and with material costs having gone up since then I am wondering if he's picking up other jobs where he can charge the current rates.
Today he has again postponed for another 4-6 weeks. We are beginning to lose confidence and are considering giving him a 6 week final deadline, stating that if he hasn't commenced work by then we consider that to be a failure to start with in a timely manner and that we expect the return of our deposit.
Apologies for the long post but I'd be grateful for any advice / guidance from people with more experience than ourselves!
If you signed a written contract it should state rights of withdrawal?
Don't fall into the trap of thinking everyone else is as nice as you are. Don't be rude but equally don't think too nicely of people - every delay you are given is to buy them more time to make money and guarantee their future income too.
They couldnt give a toss about you personally. They are making bazillions at the moment. They are charming and smiley but its all used car salesman confidence trickery. You are merely a bank of secured work in case that drops off.
Its perfectly reasonable to suggest court action for non completion of contract.
If you were daft enough to use a builder who is not a member of a trade organisation then all is not lost, it's quite possible some of the clauses in the contract are not legal under sale of goods law.
Quote: Originally posted by Mitchamitri on 09/9/2021
If you were daft enough to use a builder who is not a member of a trade organisation then all is not lost, it's quite possible some of the clauses in the contract are not legal under sale of goods law.
Trade organisations that are not mandatory to the job ( eg gas safe), and where you only have to subscribe to be a member, aren't worth a light. I know some bloody good builders, who have never been short of work, who are members of nothing, and never have been.
Years ago i was invited- out of the blue, to join some trade organisation. The bloke told me it was to sift the 'cowboys' out for potential customers. I asked him how he knew i wasn't a cowboy myself. He wasn't bothered, and could get me loads of work, as long as i parted with £250, and that was 30 years ago.
"Knowing good builders" is the key - but if you don't you need to find that info from elsewhere.
Similarly, if you don't know much about what needs to be done, it can be very helpful to connect to an organisation with a network. I wouldnt give Checkatrade etc the light of day, but all organisations must have a set of standards and its those you should be looking to. If they arent there then its pointless - but then if I were spending thousands I'd be looking into that info as well.
Within 7 houses of me there are 3 builders, a P&D, and a heating engineer - 2 of these people I wouldn't use for my work.
Quote: Originally posted by Mitchamitri on 13/9/2021
"Knowing good builders" is the key - but if you don't you need to find that info from elsewhere.
Within 7 houses of me there are 3 builders, a P&D, and a heating engineer - 2 of these people I wouldn't use for my work.
The irony of this is, since we relocated some 150 south, 'knowing good builders' has done me no good given the distance. I have had to start again, filtering the shysters when getting quotes. I dont mind admitting to having been conned and ripped off a couple of times. But you only become aware of this after the fact. The issue in our area is that there is a huge amount of work to be had for anyone setting up shop and calling themselves a trades person. Ive seen some shocking jobs that look like they have been done in the dark, but some customers obviously do not see what i see, and are happy to pay - and recommend! Four years in, and maybe 20 varied inquiries/quotes/jobs later, i would probably invite 3 or 4 back to my house.
The small claims court can be of limited use, unless things have changed recently. When I had a small business many years ago I took two customers to court for non-payment for work I had done. I "won" both cases. One claimed he hadn't any money (he probably didn't) and asked for time to pay. He was ordered to pay £X a month, which he did for two months and then he stopped. I was then told I would have to take him to court again for non-payment, but it would cost me.
The other one was a businessman who I found out was very rich. He simply didn't turn up at court. The court found in my favour in his absence, but I never got a penny. I later found out that he made a habit of doing this to small businesses in the area.
The snag is that if the person you take to court doesn't pay up, you have to do the chasing as the court won't. Unless of course that has changed since I last tried it. It was quite a while ago.
The people that would do our double glazing were great (extremely well established locally, now retired), as was our plasterer (local and we knew him), the people that did our rewiring were great (friend recommendation), and our gas installer was OK (friend recommendation).
The plumber I wouldnt let back in the house even if he needed water to put his car out because it caught fire.
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Topic: Builder delays
via mobile 07/9/2021 at 9:35pm
