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Is it fair for builder to charge client for delays caused by waiting for building control?

Back in August we appointed a builder, who quoted and we signed a contract. At the start A hole was found under the corner of our existing house when excavating for the foundations for our extension. building control and structural engineer came out and there were several days of discussion between them and builder before a decision as to how the builder should deal with the situation. In the meantime the builder followed one course of actin which he said was as advised by the structural engineer, but the view of the building control inspector was different which added to further delays and costs to us in extra structural engineer calculations which we paid). At the time the builder did not inform us that this would cost us extra in terms of labour. We were absolutely acceptant of the extra costs that were required to deal with digging further foundations to sort out the hole, once building regs and the structural engineer had come to an agreement, before the rest of the project could get underway. However now we are being held to ransom by our builder asking for payment equivalent to the day rate of several labourers for several days where no work was carried out due to this delay, and that he will not come back onto site until we pay this (plus some other costs that are for jobs unfinished, but our contract terms state that we pay in instalments on completion of the steps of each job area and he is asking for things as if they are completed when they are not even started). Is it reasonable to assume that there are unforeseen issues with starting an extension and excavating and that building regulations can cause unexpected delays and that accordingly the builder should be are of this and has to manage his workers onto other areas of either our project or other projects he has been working on? And that therefore this is not a fair cost to invoice a client? Is it reasonable professional behaviour to hold customers to ransom in this way? How does one move forward from this situation? We have been fair customers paying invoices when they arrive (and well within the contract terms) and we've even paid some items In full even when they have not yet been completed. Any advice of what is fair and what we should do would be helpful. Thanks

6 Answers from MyBuilder Extension Builders

Best Answer

When carrying out this kind of work a works schedule should have been made available .which states amounts for each job which is paid on completion of each job .I would not pay him anymore until job is completed and as for extra no way .


Answered 12th Dec 2018

Hi you should certainly not pay your builder for the unforeseen delay as you say it is not professional way to act. I certainly wouldn't of asked for payment hope you got sorted.


Answered 16th Jan 2019

I would tell him to take a hike. You can’t be expected to pay wages for workers sitting in their house. The guy probably won’t even pay the labourers their wage. I would definitely look for someone else.


Answered 9th Dec 2018

No, not at all. Unless he has stated it in the contract I wouldn't pay that.


Answered 12th Dec 2018

Unless he has stated this in the contract no leg to stand on 👍


Answered 5th Feb 2019

Simple answer no. Welcome to the building trade is my motto. some times jobs don’t run smoothly things happens things get resolved every goes home happy. I don’t see why you should be penalised for some thing that’s out of your control. People make mistakes that’s what makes us human we all can’t be perfect like him he must be from another world pmsl.


Answered 19th Nov 2019

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