Continuous let down of Builder - Legal Aspect

[Worriedboy]

I have a builder who has been paid throughout the job covering his costs of materials and wages etc.

The job is completed except a small snagging to finish off properly for total completion job.

I still hold money from the original quotation agreeing to do the job for that sum.

Where he has made promise after promise to comeback and finish off completely. I know he has been doing other jobs elsewhere on and off in between although while working on my house.

Can I legally tell him he is off the job/site and hold the balance to find and pay someone to finish off his work.

 

[Peerzy]

Probably not, but it depends on the scales. Are you holding back £10k from a £50k extension because he's not put some sealant down or caulked the skirting board or does the toilet not work on a £3k bathroom replacement and you're holding back £250?

He's almost certainly run out of time on your job, feels like it is 99% finished and has commitments to start others and is hoping to fit the final bits of your job in when he can. It's very common and in part because builders need to ensure minimal downtime between jobs to keep up income (along with arranging sub contractors, materials etc.... in advanced).

Personally I would continue to chase fairly regularly and politely (whilst withholding the last payment) until it's absolutely clear he won't be turning up to finish the work and then consider the legal side of things depending on what's left to do and how much you've withheld.

Without more detailed information it's hard the gauge the situation and what's the best course of action.

 

[Adam]

I have a builder who has been paid throughout the job covering his costs of materials and wages etc.

The job is completed except a small snagging to finish off properly for total completion job.

I still hold money from the original quotation agreeing to do the job for that sum.

Where he has made promise after promise to comeback and finish off completely. I know he has been doing other jobs elsewhere on and off in between although while working on my house.

Can I legally tell him he is off the job/site and hold the balance to find and pay someone to finish off his work.

This is what I did with a plumber/bathroom fitter recently. His work was shocking and we told him throughout but he didn't rectify it to the standard we would have expected. I told him to leave the job and we will be finding someone else. I paid him (albeit too much at the time) and went after him to reclaim some of the costs through the threat of legal action. We eventually agreed on a settlement to stop us having to go to court.

I documented everything and got quotes to put the work right, it needs to be reasonable.

 

[Worriedboy]

The whole job of £12k to remove upvc cladding and brick up in place, also fit vertical tiles to front of house to which I sourced and paid for the tiles due to supply delays with COVID.His supplier had no delivery date and quoted possibly 7 weeks or Feb 2022 delivery. In addition to repair and replace any rotting timber around roof/fascia and roof felting around edging all round.
The list is of unfinished sealing of trims and cavities around soffits.
I’m holding £600 till all completed, in theory less the cost of the tiles where that could be £200 left for him. These promises have been ongoing for some 3 or 4 weeks.

 

[OldKitMan]

The whole job of £12k to remove upvc cladding and brick up in place, also fit vertical tiles to front of house to which I sourced the tiles due to supply delays with COVID. In addition to repair and replace any rotting timber around roof/fascia and roof felting around edging all round.
The list is of unfinished sealing of trims and cavities around soffits.
I’m holding £600 till all completed. These promises have been ongoing for some 3 or 4 weeks.

Builder is most likely making more by not finishing your job so will probably turn up when it suits him given the current state of affairs.

 

[SimonR]

Given the cost of builders currently, £600 is probably not worth his time, given that he can probably make more that in a day elsewhere. I would, as others have said, pay him and politely explain that if the works are not completed, within a mutually agreed time-frame, that you will sue him through the small claims court for the £600 plus damages for breach of contract. It may cause him to focus his priorities as it will cost him more in lost time, to defend the small claim than to find the time to complete your snagging. Its all a matter of what earns him the most (or costs him the most)

 

[Peerzy]

The whole job of £12k to remove upvc cladding and brick up in place, also fit vertical tiles to front of house to which I sourced and paid for the tiles due to supply delays with COVID.His supplier had no delivery date and quoted possibly 7 weeks or Feb 2022 delivery. In addition to repair and replace any rotting timber around roof/fascia and roof felting around edging all round.
The list is of unfinished sealing of trims and cavities around soffits.
I’m holding £600 till all completed, in theory less the cost of the tiles where that could be £200 left for him. These promises have been ongoing for some 3 or 4 weeks.

In my opinion, the best resolution will be that you withhold the £600 and he returns at some point in the future when he can fit it in and finish up. I'dm just keep on at him politely.

Start mentioning legal and you'll just **** him off, he definitely won't return and it's a long a fairly painful process to argue the bits he's left are worth more than the £600 you've held especially as I assume it's all a fairly basic written quote with payment terms in a verbal contract.

9 times out of 10 I find the above gets everything resolved and both parties fairly happy. There is also the risk that if you **** him off any future claims for warranty work / problems would be ignored.

Sadly it's not ideal and basically means you are relying on him to at some point have the time to finish up and collect him money.

Ideally do everything is writing - even if it's just texting / emailing to say :

"Hi XXX, let me know when you can attend to finish up the final outstanding bits on the job please:

item1
item2
item3

I can then clear the remaining balance.

Thanks
xxx"

 

[OldKitMan]

maybe even add, I know you are likely busy so if you don't think you can get round to fixing this in the near future then can we agree that your work is complete and I can use the remaining funds to find an alternative builder to complete the outstanding items.

Being nice sometimes yields nice results.

 

[fastwunz]

maybe even add, I know you are likely busy so if you don't think you can get round to fixing this in the near future then can we agree that your work is complete and I can use the remaining funds to find an alternative builder to complete the outstanding items.

Being nice sometimes yields nice results.

This is sound advice and should be followed.

 

[psd99]

I agree here with some of the other comments
he's probably making more money on other jobs and yes might fit you in somewhere but doesn't sound like a priority

I would not threaten him with legal action etc as you need him more than he needs you and he won't come back

I'd be tempted to go ahead and ask if he would consider not coming back for the £600 and u find someone else
trouble also with this is you don't quite not how much it'd cost to rectify/finish off.

 

[SimonR]

maybe even add, I know you are likely busy so if you don't think you can get round to fixing this in the near future then can we agree that your work is complete and I can use the remaining funds to find an alternative builder to complete the outstanding items.

Being nice sometimes yields nice results.

Good luck trying to find a builder to complete another builder's snagging and even less so for £600. I couldn't even get a painter and decorator to come out for £600. Plus any defects in the snagging you are in a world of pain with warranties on the work as both builders will blame each other. Better you come to an agreement on him completing the work and if he doesnt, you at least gave him notice of the action you are prepared to take to get the work done. Its fine people saying be nice, but he is the one that is costing you time, stress and annoyance at not completing what he was contracted to do, whilst he is sitting in his hot-tub sunning himself on your time and money. You have tried nice, he repeatedly broke his promise to turn up, now you need to leverage him another way, through his pocket, which he will understand.

 

[Nutty_Death]

I know this doesn't help now but this is why I think builders need to be in more of a deficit then the work completed so far. I'm happy to pay for work as it's being done but not to the point where the outstanding balance isn't worth their effort to finish the job and any remedial work required.
The effort of you having to address completion and snagging issues with someone else is likely more than the amount left to pay.

 

[Peerzy]

TBF, I've done a fair bit recently (although not a big extension) and I'm yet to pay before all aspects are finished. Maximum was probably only £3k-£4k though.

 

[Semple]

I'd be tempted to go ahead and ask if he would consider not coming back for the £600 and u find someone else
trouble also with this is you don't quite not how much it'd cost to rectify/finish off.

The problem with this as others have pointed out is that it'll more than likely cost you more than £600 to employ another builder to finish the work off.

Ideally you'd want to hold something like 20% back (In OP's case that would be 2.4k) until satisfactory completion of the job. As that remaining balance should be more than enough to find another builder, or entice the current builder to come back.

Considering how in demand good tradesmen are right now, I think it'd be the worst thing you could do is tell the builder to accept completion as is and not pay the final £600.