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Builder dispute - final invoices and unsatisfactory work
We had a builder come in and completely renovate our 3 bed house -add an extension, go into the loft etc. Big job circa 150k.
We have a contract and signed scope of works.
Builder started adding additional cost almost at will - this was done post work with no notification. I was annoyed but agreed to split 50:50 as it was 1500 quid and small in the scheme of things. Then he says he made a mistake on scope of works and accidently included internal doors and skirting. Like a mug I agreed to pay. Then the big stuff started happening - he claimed he made another mistake and the extension price didn't include the roof and this would be an extra 7k. I told him to do one and paid zero of this. He then came back the following week and claimed that part of the roof he had had completed months earlier wasn't in the scope and we owe him 2.5k. I disputed and again told him to do one - not paying. He is insisting on payment of this. The scope of works is detailed in my mind but he claims it wasn't clear. He didn't ask for permission to do any additional work nor advice ahead of time or even while doing it that this would be extra cost.
He also did an incredibly poor job of repointing the front of the house - it looks horrendous and I can see moisture is trapped unable to escape. He is claiming the job is adequate and wants payment in full. We had a second opinion from a full time re-pointing guy who says its the worst job he's ever seen and completely the wrong materials were used. My builder is claiming I should have told him what materials to use and that it is okay to use this cement type.
We had a late payment clause and as he was 7 weeks over we could have charged him 3.5k in late fees. As i didn't want to rush and get a chappy job I stated we would only charge half the late fees. He is now disputing that and saying any late fees are unfair.
He agreed to take a % in cash. He is now reneging on that agreement unless we concede to pay 2.5k for the roof, the repointing cost in full and remove late fees.
I'm at a loss and feel a mug for agreeing to pay an extra 1.5k and 3.5k for internal doors and skirting. I feel I have been reasonable paying these and charging only half the late fees. Besides the re-pointing, the job is okay. Not good but adequate just about.
There is 4.5k of disputed cost but he will not shift and is demanding money immediately. Relationship has completely broken down and this guy has caused so many sleepless nights and arguments between my wife and me. He is saying he'll easily win legally and we should pay - i do hear small claims tend to side with builders?
Any advice appreciated.
4 Answers from MyBuilder Extension Builders
Don't pay No more money to him just tell him to go
Answered 5th Mar 2021
I’m really sorry you have fix yourself in this unfortunate position
When writing up a contract we make it so all party’s are treated fairly. We always state that any additional or further works outside of the original scope will red to be agreed prior to any further works taking place. I am dumb founded to think that contractors who are so incompetent when pricing there work can try and charge the customer for items missed
As long as you have documented proof regarding any issues around what was and was not included within the scope of works and contract then you can prove your case to my judge
Your first step would be to seek legal advise
I hope all works out well
Answered 6th Mar 2021
If your contract contains a scope of works or drawings, which doesn’t itemises the additional works he is trying to claim and you haven’t provided written confirmation of instructing the additional works he has completed works at risk without an instruction or agreement. But likewise if the information you provided includes the items in contention then unless his quotation clearly itemises the additional works then the contract sum he provided would be on a lump sum principle to complete all works as described therefore again his mistake, either way I would keep everything in writing and make sure payment notices are issued stating the gross value paid and zero valuing the additional works.
Answered 11th Mar 2021
If it's contractual then you can take him to court but seeing you held money back this could work against you.
Best way is to sit down and try and sort it out amicable. It's never to late ????
Alternatively he might take you to court ????
I agree don't pay him anymore money but sit down and write all your points out as per contract and send it to him
Answered 19th Mar 2021
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