In article , J. Allan
writes
"Richard Faulkner" wrote in message

In article , David
Green writes
Please can anyone help restore my sanity?

We are over six months into building an extension to our home. The
small local builder we engaged to do the job said it would be
finished in 5 months, and signed a contract to that effect.

You could sack him, and get someone else to complete it.

Only if the contractor has clearly failed to progress with reasonable
expedition and diligence, which usually requires a process of
notice-giving.

If you try it and get it wrong the contractor can then take YOU as
having unjustifiably repudiated the contract, quit work and sue you for
his lost profit.

I am guessing that the contract did not specify penalties for
exceeding the 5 months. If not, you might be able to suggest
appropriate damages for the delay and make it clear that these will
be imposed.

You can't just add damages (or any other provisions) into a contract
after it's been originally agreed, unless both parties agree.

He may sue you, and you would have to be reasonably sure
you would win. Perhaps take a solicitor and barristers advice and
opinion.

If David did as you suggested he would certainly lose.

If David has money to spare he would be better off spending it on an
Architect, Surveyor or other project manager to superintend his contract
for him.

Legal advice comes later when he wants to terminate the contract and sue
the builder.

John



David seems to want to do something to make something happen. The
alternative to some kind of serious threat is to cajole the builder, and
he will just carry on as normal.

I suggested legal advice exactly for the reasons you give. The legal
advice should provide the process by which the things I suggest should
be done.



--
Richard Faulkner