I engaged a builder 12 weeks ago to do an extension project on my house and some internal works e.g. fit a new boiler, take down partition wall and create shower space.
We signed a RIBA contract and works were due to take 10 weeks with a corresponding payment schedule. 10 weeks passed, all monies are paid bar a small final payment, but the builders have gone off the job and the builders are not answering our calls.
They have sent us an email to say that the job is delayed and they will finish it, but we have pressed to know by when and no reply. Our house has a hole in the wall and so is not secure or weather-proof. None of the various jobs started have been finished so we are living in a mess. I have 2 small children living in a building site. I do not want to pay to get another builder to finish the job but I don't know what my options are.
If I paid someone else to complete I estimate I'd be about £8K out of pocket.
Are you a tradesperson and able to answer this question?
You should write to the builder and express your desire for them to return asap and finish the work you have a contract for . Should they not respond then Small claims court fast track system would be the way forward after giving the offending builder the letter and following the schedule set out by small claims . It take a while but you can get your money back and will likely win the case . It may be what they need to get them back to work . The threat of legal action after work wonders but then so does a dialogue if you can achieve one
Good luck
that unfortunately is the problem with payment schedules unless tied into finished jobs, i.e. each job has a price and can be paid on completion if unfinished it remains unpaid its really the only way to safe guard your self against this happening as their is now no incentive for your builder to return,
you can send him a lawyers letter giving him a time schedule to complete the work threating legal action if its not completed, keep all correspondence with you builder along with the dates and times. send all letter by recorded delivery for proof of delivery
really you only have a few options,
give current builders a reasonable time to complete your project after which time if no action or reply take first builder to court and employ new builder to finish the work.
good luck Alex.
or right of the first builder and employ new builder to finish the work
