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

Hi, My name is Mike and I am a CIOB qualified site manager with over 35 years of extensive construction experience. I am going to have to tell you that I disagree with all of the advice that you have been given previously on this post, but I will validate why; Firstly it would appear that having signed a contract with your builder that the builder came with a good reputation and that the contract was all above board and based upon a fixed quotation based upon a schedule of works and construction drawings. That said I cannot comment upon the terms of the said contract, but in essence this is all good practice. However there is no such thing as an all in fixed quotation, the fixed part of any quotation is only for what is predefined within the schedule of works ! Secondly, you have to be realistic before you start and expect that there will be something unforeseen that will crop up along the way, it inevitably always does. It is good practice to have a contingency fund of 10-15% to cover for this eventuality as well as any changes that you may wish to make to specific details, which again is quite the norm. It is not fair for a contractor to have to suffer a loss for something that is unforeseen like this and it would appear that he took the correct course of action in calling in the structural engineer (who obviously will charge for his services) and building control. He then proceeded with a course of action as directed by the structural engineer which is again the correct procedure, as building control are only there to inspect that the works are being carried out in the manner laid out buy the design team (i.e the drawings and calculations from an architect or engineer) and that it complies with building regulations, the are not there to direct works on site ! Their role is to observe and check then sign off. The problem you have now is caused purely by the bureaucracy of building control who would want to have any new structural design and calculations checked by their own engineers etc, now that isn't fair to the contractor if he is suffering loss due to this delay.... It is unfortunate however this is all unforeseen and it certainly does not look as if he has acted inappropriately. You have to be fair and consider that you will have given your contractor a start date and he would have given you a timescale for the job, in doing so he has deployed employees within his work schedule for that time. When a delay of this nature occurs it is beyond his control and it inevitably incurs a cost. If he has invoiced you simply for this unforeseen cost due to this delay at only the cost he has incurred himself then I fail to see where he has acted unfairly. It can be that contractors can redeploy there staff elsewhere or even stand men down but even this can incur costs and it can then take time to re-mobilise back to your project. He could absorb the cost if it is minimal and he feels he could stand it as an act of goodwill, but in essence in charging his costs for the delay he has not done anything unfairly. As for invoicing for work that he has not completed the as I have said I cannot comment upon your contract, however it is common practice to have valuations (usually monthly) where a percentage estimate for incomplete works at the stage can be invoiced as well as for materials delivered to site, but I do agree with you if he is requesting full payment up front for works that he has not done that he is not acting in accordance with any contract or indeed what could be deemed good practice. To move this forward my advice would be to invite him to meet you onsite where you can have a discussion as to what he feels his losses are due to the unforeseen delay, you can put your opinion across and come to an agreement based upon a fair percentage to release a payment and he can give an undertaking likewise as to when he can return to finish the project for you.

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 .

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.

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

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.

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.

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

The overall answer is NO! Delays in building control most definitely does not come out of the clients pocket.... bonkers!