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David Green
 
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Default Provisional Sums for plumbing - how to handle shock bill

"Paul" wrote in message ...

Did you let the contract on any formal contract conditions or was it done
via a builder's quote and nothing else? If it was the former then there are
normally provisions for dealing with the authorisation and payment of
provisional sums.


Following an initial builder's quotation (which listed provisional
sums separately), we prepared a detailed room-by-room spec which we
sat down and discussed and agreed with the builder. We then
cross-referred to this spec in a JCT Minor Works Contract which we and
the builder signed.

Builder assured us his provisional sums were generous for the work in
the original plans he quoted against.

Although the JCT contract records staged payments, the provisional
sums were rolled up into the total figure he'd quoted. Are there
provisions for such sums in the JCT contract?

As Mike says, provisional sums should be specified and
driven by the client and cover items of work that are unknown at
commencement of the work, and clarified and priced accordingly as the work
progresses.


We've asked numerous times to be told whether the provisional sums
would be adequate. Builder always said last thing he wanted was to
'surprise' us. Nevertheless, that's exactly what appears to be
happening.

Did your original specification include a breakdown, even
approximate, of what plumbing work was required?


Yes, detailed room-by-room. Basically we were after rads in all new
rooms plus a Megaflow tank in airing cupboard. (We even supplied our
own taps and shower fitments which I guess should reduce the final
bill!)

You should get a breakdown
of the costs and see if that relates to what was actually provided.


Have now requested this.

Did you make interim payments to the builder as the work progressed - if so
did you receive interim invoices from the builder - did they mention
anything about payments against the provisional sums? (so you could see how
the provisional sums were being "eaten up")


No mention of prov sums in these invoices.

Even if eventually the costs turn out to be fair compared to the work done,
it was pretty poor for the builder to leave that "surprise" right to the
end. It sounds as if his plumber has landed him with the bill and he's just
passed it onto you!


Exactly. Is there any way we can refuse payment in light of this
unprofessionalism?

DG