Paying up front in these times
Paying up front in these times
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Discussion

fat80b

Original Poster:

3,234 posts

250 months

Friday 24th April 2020
quotequote all
We had just started some building work with a local building firm before CV closed the site down. The foundations are in but not a lot else. As the foundations were dug, the building inspector carried out his first visit.

Now the building regs firm want me to pay in full the amount for all of the future inspections and completion certificate (~£750). The only methods of payment they take are cheque or bank transfer.

In normal times, we'd be building away and I would have just transferred the money and not thought twice about it but at the moment, I think it is reasonable to assume that they (like many others) are likely to be having cash flow problems and might well not exist as a company once we come out of this.

I spoke to them the other week and requested that they find a way to take a CC payment - since then nothing and now they have sent me a final reminder.

Again, I'm happy to pay in principal, It just seems as though some level of consumer protection would be nice.

Any suggestions or should I just take the risk?


speedyman

1,631 posts

263 months

Friday 24th April 2020
quotequote all
Don't they have to pay a few % charge for accepting a credit card. You could offer to pay that charge for them I suppose.

bobtail4x4

4,408 posts

138 months

Friday 24th April 2020
quotequote all
the local council will not go bust,

you takes your chances etc etc

BryanC

1,125 posts

267 months

Friday 24th April 2020
quotequote all
I have regularly used a private 'Approved Inspector' for my projects and accepted that it was normal to pay in 2 parts, the first for 'plan approval' ( about 1/3 ) and the rest paid after the first inspection - ie inspection of excavations.

Seems perfectly normal to me.

GT72

6,802 posts

208 months

Friday 24th April 2020
quotequote all
bobtail4x4 said:
the local council will not go bust,

you takes your chances etc etc
It's not the council, it's a private firm.

Imasurv

541 posts

113 months

Friday 24th April 2020
quotequote all
I would approach them and suggest a part payment with the rest once works recommence. They are unlikely to object to this. When did they inspect the excavations? Presume they are still offering the inspection service currently?

Imasurv

541 posts

113 months

Friday 24th April 2020
quotequote all
bobtail4x4 said:
the local council will not go bust,

you takes your chances etc etc
Hmmm. Constructive suggestion at this moment in time. Are they visiting site currently? Mine won’t come near with a barge pole, but would still charge full whack before works even commence....

Boosted LS1

21,200 posts

289 months

Friday 24th April 2020
quotequote all
I would certainly push for a card payment even via a third party. For £750 there must be a negotiable way forward.

Edited by Boosted LS1 on Friday 24th April 18:57

anonymous-user

83 months

Friday 24th April 2020
quotequote all
speedyman said:
Don't they have to pay a few % charge for accepting a credit card. You could offer to pay that charge for them I suppose.
Banned a couple of years ago.
https://www.gov.uk/government/news/card-surcharge-...
'Old' contracts still seem to refer to it though nono

Centurion07

10,395 posts

276 months

Friday 24th April 2020
quotequote all
speedyguy said:
speedyman said:
Don't they have to pay a few % charge for accepting a credit card. You could offer to pay that charge for them I suppose.
Banned a couple of years ago.
https://www.gov.uk/government/news/card-surcharge-...
'Old' contracts still seem to refer to it though nono
Did you read your own link?!

Passing that charge ONTO THE CUSTOMER is banned, the person accepting the payment now has to swallow those charges so yes, OP could well offer to cover that for them although it could be as little as 1 or 2% so not exactly enticing.

bobtail4x4

4,408 posts

138 months

Friday 24th April 2020
quotequote all
GT72 said:
bobtail4x4 said:
the local council will not go bust,

you takes your chances etc etc
It's not the council, it's a private firm.
the annual insurance renewals are due about now, I expect a few more wont be covered like last year, and several more will fold due to the current situation,
my point was a private inspector may look cheaper, ask the guy I know who paid £2k in fees the week before Aidis went under, and lost it.

C Lee Farquar

4,229 posts

245 months

Saturday 25th April 2020
quotequote all
bobtail4x4 said:
the local council will not go bust,

you takes your chances etc etc
Agreed.

Could the OP change to the LA now that the footings have been poured?

mr rusty

218 posts

121 months

Saturday 25th April 2020
quotequote all
What does your contract/ Ts & C's with them say. If it says everything up front, the you'll have to pay. If it doesn't, you can tell them to do one and you'll pay when the job's done. However, I would also firmly push for CC payment in these circumstances. Be careful because I hear many BC companies are pulling out the business because of PI insurance hikes.

fat80b

Original Poster:

3,234 posts

250 months

Saturday 25th April 2020
quotequote all
To answer a few of the questions and provide an update:

They are a small-ish independent firm and not the council.

Contract wise - They were appointed by the architect and I have already paid the first payment (at planning stage) so I guess that means I am on the hook.
Their T's and C's do call for full payment once the first inspection has taken place which it has. I'm definitely not trying to wriggle out of paying or to use someone else, I just thought I would like to protect my payment a bit.

They wouldn't entertain the idea of supporting CC payments - I did offer to pay a % more but they aren't going to do that.

They were pretty reasonable when I spoke to them though. We got to them suggesting splitting the payment into two - one now and one when the next inspection takes place (i.e. when building has resumed).

This seems pretty reasonable to me and that is what we have done.

GT72

6,802 posts

208 months

Saturday 25th April 2020
quotequote all
bobtail4x4 said:
GT72 said:
bobtail4x4 said:
the local council will not go bust,

you takes your chances etc etc
It's not the council, it's a private firm.
the annual insurance renewals are due about now, I expect a few more wont be covered like last year, and several more will fold due to the current situation,
my point was a private inspector may look cheaper, ask the guy I know who paid £2k in fees the week before Aidis went under, and lost it.
Apologies I misunderstood your post. Good point.

Mark V GTD

3,159 posts

153 months

Saturday 25th April 2020
quotequote all
fat80b said:
Contract wise - They were appointed by the architect and I have already paid the first payment (at planning stage) so I guess that means I am on the hook.
So who is getting the invoices - presumably the architect if they appointed the building control firm. Sounds very strange that an architect would do this. They should have all consultants etc directly appointed by the client.


Edited by Mark V GTD on Saturday 25th April 14:03

bobtail4x4

4,408 posts

138 months

Saturday 25th April 2020
quotequote all
"cough" backhander "cough"

Mark V GTD

3,159 posts

153 months

Saturday 25th April 2020
quotequote all
If that was the case an architect would be risking disciplinary action from ARB.

fat80b

Original Poster:

3,234 posts

250 months

Saturday 25th April 2020
quotequote all
Indeed - highly unlikely that the architect would want a cut of the fairly standard building regs fee when he is charging 10 times more for his bit of the work.

And not what is happening here.

When I say the architect instructed the building regs firm, they did all my drawings, sorted out building regs by engaging with this firm, did all of the planning submission and arranged structural calcs with another firm as part of their service.

I thought this was a pretty good and there’s no cuts or backhanders going on.

BryanC

1,125 posts

267 months

Saturday 25th April 2020
quotequote all
Just to add to this.
I would arrange for all 3rd party fees to be invoiced direct to the client so all payments were transparent.

Thinking back, round here in this parish, Local Authority fees were generally charged as a single lump sum while the approved inspector allowed cash flow to be in two stages.
It would not be unusual for me to get competitive fee proposals from the council and private inspector(s) although the latter would usually be expected to charge slightly less as local authority fees are published on the web.

Again, there is a choice out there, but a good working relationship with the inspector will resolve many regulatory issues before they matter, and well before the work starts on site.

Regarding structural engineers, once you find a good one you hang onto him. That might be because he offers a brilliant and prompt service, is not expensive and is not 'heavy handed' to spoil the architects design, but again I would ask for invoicing and payment direct to the client.

I've recently retired from practice but the last time I heard of back handers was relating to a certain architect in Leeds back in the early 70's and a Tory Home Secretary and they got caught.

Finally, in my experience, I doubt if many architects do the job for the money.

Edited to add in my case, it resulted in several party invites, many new friends and even a couple of girlfriends.

Edited by BryanC on Saturday 25th April 16:54