Any legal eagles about.

trackrat · 12 Oct 2009 at 14:52

We are having an extension built, the builders on there quote stated that it would take 2 to 3 weeks to complete, it is now in its sixth week.
What I want to know is by accepting that quote did it form a contract within the terms of that quote, if so what redress can I get for the builders going over there alloted time by not turning up to do the job.

Nitefly · 12 Oct 2009 at 14:57

trackrat said:
We are having an extension built, the builders on there quote stated that it would take 2 to 3 weeks to complete, it is now in its sixth week.
What I want to know is by accepting that quote did it form a contract within the terms of that quote, if so what redress can I get for the builders going over there alloted time by not turning up to do the job.

There is no black or white here and a lot will turn on the exact correspondence that you shared with the builders - any written quotes, particuarly anything you have sent to them expressing the importance of having the work done quickly, will work massively in your favour. Basically, for any worthwhile remedy, you will need to show that the promise it would take 2-3 weeks induced you to enter the contractual agreement and that you would not have contracted otherwise. In other words, you might have a hard time.

Your best bet is to speak to a solicitor and show him any evidence you have. Expensive, but ultimately worth it if it is bothering you.

trackrat · 12 Oct 2009 at 15:03

Nitefly, thanks for that reply.
Why do they do this, if I did this I would have been fired by the company I worked for.

Vonhelmet · 12 Oct 2009 at 15:05

Check the terms of the contract.

trackrat · 12 Oct 2009 at 15:11

vonhelmet said:
Check the terms of the contract.

That was what my original question was about, if by accepting the quote did that form a contract within the terms of that quote.

Nitefly · 12 Oct 2009 at 15:11

trackrat said:
Nitefly, thanks for that reply.
Why do they do this, if I did this I would have been fired by the company I worked for.

Basically, because they can. It's pretty much impossible to prove any quantifiable loss from their actions other than inconvenience, if you have agreed on a fixed sum.

I find builders frustrating too - my aunt had an extension done at a fixed rate, so the builders were in no hurry to finish it and rarely turned up. As a result, my own parents made the mistake of paying by the day - they turned up but made next to no progress.

Nitefly · 12 Oct 2009 at 15:13

vonhelmet said:
Check the terms of the contract.

The time period can become a term even if it isn't mentioned in the written contact if it was what induced the parties to contract in the first place (unless there is a entire exclusion clause stating that all terms are within the written contract only).

Glaucus · 12 Oct 2009 at 15:15

Has anyone put penalty clauses in a builders contract?

wonko · 12 Oct 2009 at 16:11

A few years back I tried to get an incentive/penalty clause for early/late completion in the contract for building an extension, but the builder wouldn't wear it. And allthough it did overrun horribly, it was a good job overall and the hassle is all a distant memory now.

Rich_L · 12 Oct 2009 at 16:20

This is why you put penalty clauses for late completion in your contract, or agree to a fixed sum to be paid on certain stages being completed

Of course, then you do run a risk of them rushing it to get paid, swings and roundabouts I guess

Has anyone put penalty clauses in a builders contract?

My brother does all the time (training to be a quantity surveyor) - especially in current climate.

jas72 · 12 Oct 2009 at 16:30

I think this is why references are 10X more important than price when it comes to builders.

trackrat · 12 Oct 2009 at 16:30

There was no contract given to me only the quote, hence my original question.
This job is being payed for in three stages, two of the stages have been completed and payed for.
When they turn up I cannot fault there work, but it is just a nuisance when there is so little work left to do to finish the job.
The builder had good references and was the dearest quote, and came across as the most professional of all the builders who came to give us a quote, so I dread to think what might have happened if I had chosen a cheaper quote

john_s · 13 Oct 2009 at 13:08

AcidHell2 said:
Has anyone put penalty clauses in a builders contract?

The standard (JCT) construction contracts have provision for penalties (they are not always included or enforced though) and also cover the circumstances which allow an extension of time to be granted beyond the agreed completion date (eg, alterations to the scope of works, bad weather, etc). They are usually used for larger, commercial-type, projects and don't get used much for domestic work.

There is a JCT contract specifically designed for work for home owners. I've never read it though, so can't comment on what provisions it contains.

john_s · 13 Oct 2009 at 13:17

trackrat said:
There was no contract given to me only the quote, hence my original question.

You don't need a "contract" for there to be a contract.

In this case, it sounds like the quote may be the basis of the contract, unless you subsequently wrote to them asking them to carry out the work on different terms to those in their quote.

If you agreed a time period with them, that could form part of the contract, but unless it is evidenced in writing, it might be difficult to enforce it.

(Standard disclaimer: not a legal bod, no responsibility, blah, blah...

)

sunama · 13 Oct 2009 at 13:34

I think in future, a lesson for all of us is that if the project completion time is crucial/important then you should write out a contract stating that you want the job finished by a certain date and if it isnt finished by that date, for every extra day, a penalty will be charged.

Personally, for small jobs, I don't even bother with contracts, but for major jobs involving several £1000s, I would definitely write out a contract and ask the builder to read/alter and then sign it.