Hi,
We have an extension project underway (single rear and double side extension). The builder We were in a contract with went into administration halfway through the project. In good faith, we allowed his son's new company to finish the job but we did not have a new contract drawn up.
There have been a few issues:
1. Original builder used slate to pack under RSJ columns and were told by building control to cut the column, pack with metal.
2. French doors installed but doors were hitting soffit so had to be moved. Also, lintel had to be moved as it did not have the required overlap.
3. Flat roof initially at the wrong angle so re-done.
4. Walk-on skylights supports had to be re-done.
5. 30 or so blocks collapsed from second floor to ground after worker leant on freshly laid blocks. I understand that accidents happen but still...
6. Roofers damaged flat roof which had to be patched. Second patch added for damage in another area also.
7. Original builder forgot to add items such as downpipes for drainage, roof edging, soffits and fascias for flat roof.
8. Damage to guttering during the course of the job.
9. Damage to walk-on skylights (scratched toughened glass, dented frame).
10. General slow progress, builder admitting they went AWOL for 6 weeks as another client had received money and so they worked on his job.
11. Damage to block driveway caused by deliveries of concrete etc. Not sure whether this is the builder to put right but still grief for us.
We are up to date with staged payments etc, have always paid within a day or two of completed work. We have lost faith and patience with the builder and have asked them to stop.
Am I within my rights to withhold some of the final payment to remediate issues caused by them? The lines have become blurred as we changed from the father's company to the son's without a new contract. But the son surely cannot benefit from the original contract work without also picking up liability to put things right that needed sorting from his dad's work? (The "benefit and the burden" in commercial legal terms).
Bit long winded, sorry, but wanted to know whether it was reasonable to withhold a couple of thousand on a job of around 100k (the rest of which has all been paid immediately
Many thanks!
We have an extension project underway (single rear and double side extension). The builder We were in a contract with went into administration halfway through the project. In good faith, we allowed his son's new company to finish the job but we did not have a new contract drawn up.
There have been a few issues:
1. Original builder used slate to pack under RSJ columns and were told by building control to cut the column, pack with metal.
2. French doors installed but doors were hitting soffit so had to be moved. Also, lintel had to be moved as it did not have the required overlap.
3. Flat roof initially at the wrong angle so re-done.
4. Walk-on skylights supports had to be re-done.
5. 30 or so blocks collapsed from second floor to ground after worker leant on freshly laid blocks. I understand that accidents happen but still...
6. Roofers damaged flat roof which had to be patched. Second patch added for damage in another area also.
7. Original builder forgot to add items such as downpipes for drainage, roof edging, soffits and fascias for flat roof.
8. Damage to guttering during the course of the job.
9. Damage to walk-on skylights (scratched toughened glass, dented frame).
10. General slow progress, builder admitting they went AWOL for 6 weeks as another client had received money and so they worked on his job.
11. Damage to block driveway caused by deliveries of concrete etc. Not sure whether this is the builder to put right but still grief for us.
We are up to date with staged payments etc, have always paid within a day or two of completed work. We have lost faith and patience with the builder and have asked them to stop.
Am I within my rights to withhold some of the final payment to remediate issues caused by them? The lines have become blurred as we changed from the father's company to the son's without a new contract. But the son surely cannot benefit from the original contract work without also picking up liability to put things right that needed sorting from his dad's work? (The "benefit and the burden" in commercial legal terms).
Bit long winded, sorry, but wanted to know whether it was reasonable to withhold a couple of thousand on a job of around 100k (the rest of which has all been paid immediately
Many thanks!
