Giving a builder the chance to put something right

[McGraw]

We've had a decent amount of remedial work done on our property recently and on the whole been very happy.

Unfortunately though a couple of things have gone wrong due to the weather and need rectifiying.

I'm in contact with the guy and he has agreed that they shouldn't have gone wrong and he will sort them.

Unfortunately though, we're well over a month and three conversations since the first problem and he keeps forgetting to come and sort us out. I'm sure he will sort them eventually but I am concerned that something could happen in the meantime.

I don't want to start thinking about other avenues just yet but I am getting tired of having to chase him and being chased by my other half.

So, what I want to know is, what options do I have if he just continues to no-show? Ideally I'll give him another chance to come and then just tell him the avenue I'll be taking if he doesn't turn up again.

Next time would be his fourth no-show so I do feel I've been pretty patient.

Cheers.

[tenpenceshort]

How much of this conversation is in writing?

[singlecoil]

Has everything been paid for?

If so, then consider getting another builder in and paying again. It will probably either be that or taking this guy to court (which still doesn't get the work done).

[McGraw]

tenpenceshort said:

How much of this conversation is in writing?

The post remedy, remedy conversation in which he agreed to rectify the work for free was over the phone. All the agreed work is in writing and the initial logging of the problems was by text so I have a full record of what's gone on.

I'm not going to engage another builder just yet, I just want to now what legal redress I have so I can threaten him with it if necessary.

The work is small claims territory, should I just mention the small claims court?

Cheers.

[Collectingbrass]

What contract do you have with the builder? What does it say about post completion defects? Have you paid in full or has any retention been withheld.

Most standard building contracts will require the Contractor to use reasonable endeavours to rectify post completion defects in the first 12 months. They don't normally specify any timescales, but reasonable is held to be subject to the criticallity of the defect (shrinkage cracks not critical, flooding v critical).

However as your issues are weather related and we are at the end of "summer" I woudl write to him confirming to him formally the discussions you had and that you consider that time is of the essence. Give him 7 days to make firm arrangements to attend and 28 days to complete the works or you will employ others and seek recovery of costs from him - especially if you hold retention.

[McGraw]

Collectingbrass said:

What contract do you have with the builder? What does it say about post completion defects? Have you paid in full or has any retention been withheld.

Most standard building contracts will require the Contractor to use reasonable endeavours to rectify post completion defects in the first 12 months. They don't normally specify any timescales, but reasonable is held to be subject to the criticallity of the defect (shrinkage cracks not critical, flooding v critical).

However as your issues are weather related and we are at the end of "summer" I woudl write to him confirming to him formally the discussions you had and that you consider that time is of the essence. Give him 7 days to make firm arrangements to attend and 28 days to complete the works or you will employ others and seek recovery of costs from him - especially if you hold retention.

Thanks.

There is just an agreement as to what work would be done and what it would remedy.

I'll write to him, that's a good idea.

No retention held, we just paid when the work was done.