On Thu, 09 Sep 2004 00:46:56 +0100, Andy Hall
wrote:

On Wed, 08 Sep 2004 23:25:06 +0100,
wrote:

On Wed, 8 Sep 2004 18:58:55 +0100, "Owain"
wrote:

"bigbrian" wrote
| My question is is this something that the surveyor should have
| anticipated when the project was specified,

He should have anticipated that it is *possible* that there *may* be a
soakaway.

| The contract doesn't seem to make any specific mention either way
| of reserving the right to charge me extra for unforeseen problems
| in the building element of the job

Depends on whether the contract says, and the price was for, "erect a
conservatory" or "do all works necessary to erect a conservatory".

Naturally, it says neither

Brian

I would take the moral high ground and treat it as a fait accompli -
in other words and assumptive approach that of course they are going
to do it. If they haven't allowed for it then it's their issue.


I had a similar situation.

There was an inspection chamber in a position that would have been
right under the conservatory floor - in fact about a metre inside one
door. I was not prepared to have a manhole cover in my slate floor
so the supplier was asked to account for moving it to a position
outside.

Unfortunately they screwed up and made a wrong assumption about the
direction of slope of the drains. This meant that the chamber needed
to be moved to a point some 7m from its original position and in the
other direction. This meant a great deal more digging which probably
took them half a day plus some extra soil pipe.

Needless to say, they tried to wriggle out of it and increase the
cost. It was suggested that they might enjoy sex and travel, and
they saw my point. It all worked in my favour because it positioned
the drains better for my kitchen remodelling.

One general point is to keep as much money back at all times until
*all* the work is complete.

As part of the negotiation, I did not agree to more than 25% of the
total being given before completion of the base, a further 25% on
delivery of the frame and glass, 20% on completing erection and the
remainder when all snagging was complete.

Make sure that you use something covered by the Consumer Credit Act.
EIther a credit agreement which you pay off quickly, or a credit card.
The if something goes tits up you are better protected.

To date I've only paid 10% (by credit card), with 20% more payable on
completion of the building work and the remaining 70% payable on
completion of the whole project, so I have enough leverage (unless
they decide to pull out altogether). To date, they haven't even
indicated that they'll want to charge me at all, but the builder seems
to suggest that the conservatory company will pursue me for what he's
going to charge them for digging a new soakaway.

Not trying to rip anyone off.......I don't mind paying if its normal
practice that these things are excluded....just trying to find out
what the conventional wisdom (if there is any) is

Brian