David,

I'm no legal expert but if your original spec set out clearly what you
wanted in terms of plumbing and you've got what you asked for (and this is
supported by the plumbers final breakdown) then I would start by asking the
builder to justify the increases over and above his "generous" provisional
sum provisions.

The problem is of course is that the builder could always maintain that the
plumbing costs were always provisional right up to the time the final
invoice was prepared for the work. The fact that his "generous" provisional
sums were miles out requires some degree of explanation. The appearance
seems to be that the plumber, knowing that no fixed cost has been agreed for
the work, is at liberty to charge what he likes and just present the bill at
the end. This is certainly unprofessional and unethical of the builder and
the plumber to do this - but has he broken any contractual term? I don't
know. I'm not that familiar with the JCT MW Agreement, but I assume there
must be some mechanism to deal with disputes? Anybody know?

Paul



"David Green" wrote in message
om...
"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