Builder advice please...
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Discussion

blackburn

Original Poster:

2,339 posts

228 months

Saturday 18th December 2010
quotequote all
Took on a builder back in October to extend our detached, flat-roofed garage. I asked lots of questions and got all the answers that I wanted. He visited our property several times to look at the job and I supplied a decent technical plan for him to follow. Builder was adamant that I signed a contract which outlined 4 staged payments.

I paid the initial payment, then the second one a bit early because he whinged about his outlay for materials. I've paid the third payment as well. The walls are all built and the roof extension is started. He's now asked for more money - because Christmas is around the corner and he's saying he's had to spend £670 more than he expected due to having to remove more spoil than he expected. Is this fair? I've said we can discuss it when the job is finished.

His contract clearly states that the last payment is the 'completion payment'. He's asking for it pre completion, but my fear is, if I don't pay him, I'll never see the job done.

Any ideas on how to proceed?


Roy E6

1,025 posts

262 months

Saturday 18th December 2010
quotequote all
Your right, dont pay another penny until the jobs finished. By the sound of it i would say he has had too much money as it is, for the work completed. I fear if you give him more now, you wont see him after christmas.

jas xjr

11,309 posts

269 months

Saturday 18th December 2010
quotequote all
Pay him as per contract. He has no incentive to finish the job otherwise. The sooner he finishes the job the sooner he gets paid. If he needs materials pay the yard directly not him .
Pay him before completion and you will be laying yourself open to a world of pain

Qcarchoo

471 posts

223 months

Saturday 18th December 2010
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Ask him for a copy of the contract.
If his price was a quote then he should foot the bill for any extra work involved.
If it was an estimate then I'm afraid you'll have to pay, subject to him justifying the extra costs.
I would try to meet him half way.

Edited by Qcarchoo on Saturday 18th December 22:04

rsv gone!

11,288 posts

271 months

Saturday 18th December 2010
quotequote all
blackburn said:
He's now asked for more money - because Christmas is around the corner and he's saying he's had to spend £670 more than he expected due to having to remove more spoil than he expected. Is this fair? I've said we can discuss it when the job is finished.
If you haven't changed anything then he has no recourse and should take it on the chin. Would he give you the saving if he spent less?

blackburn

Original Poster:

2,339 posts

228 months

Saturday 18th December 2010
quotequote all
I've checked my paperwork - it's an estimate, with a clear total and 4 staged payments...

The builder is a nice guy, into his cars and bikes and all that nonsence and I got a really good 'vibe' off him when we discussed the job originally. I really don't want to fall out with him, but I do want the garage finished.

Mattt

16,664 posts

248 months

Saturday 18th December 2010
quotequote all
Did he have to do more than originally planned?

What are the defined stages of payment?

blackburn

Original Poster:

2,339 posts

228 months

Saturday 18th December 2010
quotequote all
Mattt said:
Did he have to do more than originally planned?

What are the defined stages of payment?
No I don't think he's had to do more than planned. He saw the 'virgin' ground but didn't survey accurately how much spoil would need removing.

There's 4 staged payments, each roughly a quarter of the total. The last payment clearly listed as a final completion payment.

Qcarchoo

471 posts

223 months

Saturday 18th December 2010
quotequote all
The fact that it's an estimate does leave you in the open.
He should really have notified you earlier that it was going to cost more, presuming the spoil was taken away around the time of the first payment.
Perhaps you could try this as a bargaining point. I certainly wouldn't pay him in full.

blackburn

Original Poster:

2,339 posts

228 months

Saturday 18th December 2010
quotequote all
Qcarchoo said:
The fact that it's an estimate does leave you in the open.
He should really have notified you earlier that it was going to cost more, presuming the spoil was taken away around the time of the first payment.
Perhaps you could try this as a bargaining point. I certainly wouldn't pay him in full.
To be honest I'm reasonably happy to help him out with, say, 50% of the extra if he pulls his finger out and finishes the job. I'm just not good at being tough with him I suppose.

Spudler

3,985 posts

226 months

Saturday 18th December 2010
quotequote all
Stay firm and release the final payment on completion. In the mean time agree on the extras & costs at the time they occure.
Assuming he holds an account with suppliers, what he buys this month he wont be invoiced till the end of next month.

-Pete-

2,914 posts

206 months

Saturday 18th December 2010
quotequote all
If you pay him the full amount, you will never see him again. Feel free to pay him something, but leave enough owing to entice him to come back. Trust me, if you or I are were builders, once we had our money, why would we bother to come back?

Mattt

16,664 posts

248 months

Saturday 18th December 2010
quotequote all
What is the 'contract'? What does it say in relation to additional works/variations/unforeseens?

blackburn

Original Poster:

2,339 posts

228 months

Saturday 18th December 2010
quotequote all
Mattt said:
What is the 'contract'? What does it say in relation to additional works/variations/unforeseens?
Sorry, shouldn't have said contract. It's an estimate that clearly lists the 'job' in detail but mentions nothing about any extras whatsoever.

Mattt

16,664 posts

248 months

Saturday 18th December 2010
quotequote all
Lists in detail tasks, or quantities?

IainZ

15,096 posts

236 months

Saturday 18th December 2010
quotequote all
Tell him to come round & bring all the paperwork & sit down & explain what he thinks has gone wrong vs his original estimate. If its legit then agree what you are prepared to do & pay & then how much its going to cost to finish the job.

Then set up a new payment plan that reflects that & leaves you in control - i.e. he gets some money but is incentivised to get on & finish the thing. And get it all down in writing.

...if you are not happy then pay him the bare minimum & see if you can find another builder to finish the thing. If you can then get rid.

98elise

32,765 posts

191 months

Sunday 19th December 2010
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blackburn said:
Mattt said:
What is the 'contract'? What does it say in relation to additional works/variations/unforeseens?
Sorry, shouldn't have said contract. It's an estimate that clearly lists the 'job' in detail but mentions nothing about any extras whatsoever.
If its an estimate then he's able to ask for extra money.

We had our extension built on an estimate, and in staged payments. We ended up with a 2k extra bill on a 30k build. It was still cheaper that the next cheapest original estimate so I was happy. I'd budgeted for 10% extra anyway.

I just made sure that we sorted out the extra's as and when they happened, so that we were clear what that did to the total cost. I didn't want a random bill at the end

dickymint

29,187 posts

288 months

Sunday 19th December 2010
quotequote all
-Pete- said:
If you pay him the full amount, you will never see him again. Feel free to pay him something, but leave enough owing to entice him to come back. Trust me, if you or I are were builders, once we had our money, why would we bother to come back?
Because some of us are honest and like to be reccommended to other customers - maybe!

Mattt

16,664 posts

248 months

Sunday 19th December 2010
quotequote all
98elise said:
blackburn said:
Mattt said:
What is the 'contract'? What does it say in relation to additional works/variations/unforeseens?
Sorry, shouldn't have said contract. It's an estimate that clearly lists the 'job' in detail but mentions nothing about any extras whatsoever.
If its an estimate then he's able to ask for extra money.

We had our extension built on an estimate, and in staged payments. We ended up with a 2k extra bill on a 30k build. It was still cheaper that the next cheapest original estimate so I was happy. I'd budgeted for 10% extra anyway.

I just made sure that we sorted out the extra's as and when they happened, so that we were clear what that did to the total cost. I didn't want a random bill at the end
Dependant on the T&Cs specific to this case, if the quote says "spoil removal" and nothing has changed since quote date and now, I would almost universally say he is not entitled to more money.

Slagathore

6,225 posts

222 months

Sunday 19th December 2010
quotequote all
What do you mean by spoil removal?

I wouldn't pay him until the job is finished. It's what he set out at the start, so you shouldn't have to pay him before it's done. As everyone has said, there is no incentive for him to come back or even to put the same levels of effort in if you do pay him and he does come back.

I probably wouldn't pay him for that extra spoil removal either. An oversight on his part? Why should you pay for it?

Asking for early payments would set the alarm bells ringing a bit. Is it an actual building firm doing it, or just a small local builder?