Last year we had a two storey extension put up, which went mostly
smoothly.

The builder was recommended via word of mouth from some others; good
quality work, organisation sometimes a bit ropey but generally a good
guy to deal with.

We used the FMB contract to agree a fixed price (which was stuck to)
and retention of just less than £2k.

Work was all carried out fine, though as we got to the end there were
a few finishing details which didn't get done. The guy had no
additional orders in so went off to work for someone else as either a
foreman or brickie (not sure which).

We've now spent about 6 months trying to get him back to sort the
agreed snagging list (nothing major, but nonetheless still needs
doing) and finish off a few extras that he agreed with us. But after
fobbing us off for a good while, he now ignores our phone calls and
texts.

I suspect that the value of the retention isn't enough to tempt him
back (particularly if he subs out the work to others).

What I'm concerned about is that we need certification of stuff at the
end (don't we?). I'm thinking final clearance from BCO, Part P etc.

My plan is to write to him this weekend formally (though on friendly
terms) and say "look, we've got £xx of your cash here waiting for you
to do this work. You've got until xx/xx/xxxx to come back and do it
or else we'll consider the contract terminated. But you've got to
honour your responsibilities to get the various certifications done
for us".

What do you think my chance of sucess are? And what formalities do we
need to do at the end of the project to clear everything off if he
doesn't turn up?

Thanks in advance for any help!

Matt

On 2008-03-19 13:19:18 +0000, said:

Last year we had a two storey extension put up, which went mostly
smoothly.

The builder was recommended via word of mouth from some others; good
quality work, organisation sometimes a bit ropey but generally a good
guy to deal with.

We used the FMB contract to agree a fixed price (which was stuck to)
and retention of just less than £2k.

Work was all carried out fine, though as we got to the end there were
a few finishing details which didn't get done. The guy had no
additional orders in so went off to work for someone else as either a
foreman or brickie (not sure which).

We've now spent about 6 months trying to get him back to sort the
agreed snagging list (nothing major, but nonetheless still needs
doing) and finish off a few extras that he agreed with us. But after
fobbing us off for a good while, he now ignores our phone calls and
texts.

I suspect that the value of the retention isn't enough to tempt him
back (particularly if he subs out the work to others).

What I'm concerned about is that we need certification of stuff at the
end (don't we?). I'm thinking final clearance from BCO, Part P etc.

My plan is to write to him this weekend formally (though on friendly
terms) and say "look, we've got £xx of your cash here waiting for you
to do this work. You've got until xx/xx/xxxx to come back and do it
or else we'll consider the contract terminated. But you've got to
honour your responsibilities to get the various certifications done
for us".

What do you think my chance of sucess are? And what formalities do we
need to do at the end of the project to clear everything off if he
doesn't turn up?

Thanks in advance for any help!

Matt

You could do this as a starting point. The first golden rule is to
retain *much* more. 30% of contract would have been better, but too
late for that.

Before doing anything, I would contact the BCO and ask what the stage
of sign off is on the project and what as yet to be done. You need
to know this because he may not have followed the rules and there may
be more awry than you believe. If need be, get the BCO to attend on
the basis of a final completion. If he signs it off then fine. If
not he will give you a list of things needing to be done.

Then you can go to the builder with that plus your snagging list.

I would write to the builder and send the letter by Special Delivery.
I wouldn't use that form of phrasing though.

If he was that interested in the money, he would have returned by now,
so there is no point in using that as inducement. Simply give him the
list and a reasonable time (14 days) to begin the work and (say) 30 to
complete.
I wouldn't bother with th moral obligation angle, simply keep it
factual. In the final analysis, if you have to go elsewhere to get the
work completed, you will either be paying less than £2k in which case
he loses out and tough titty; or it will be more, in which case the
decision will be between writing off the difference or pursuing the
original builder in court if necessary.

If he hasn't responded in 14 days, obtain a quote elsewhere and then
you can write again to the original builder either telling him that you
consider the contract terminated or making a claim for refund if you
choose to do so.

Keep it short, simple and factual. No need to bother with the
friendly packaging and no need to be anal either.

Above all make sure that everything goes in writing using Special
Delivery and stick to your time plan, not his excuses, otherwise we'll
be having this discussion again this time next year.

On 19 Mar, 15:32, Andy Hall wrote:

You could do this as a starting point. * * The first golden rule is to
retain *much* more. * 30% of contract would have been better, but too
late for that.

I can't see any builder that would work with a 30% retainer.
Subcontractors have to be paid, and if the guy can afford to be out of
pocket by 30% that means his personal profit margin is way too high.
Commercial terms are generally around 1.5% of certificated value,
anything above 5% would be incredibly punitive.


Before doing anything, I would contact the BCO and ask what the stage
of sign off is on the project and what as yet to be done. * *You need
to know this because he may not have followed the rules and there may
be more awry than you believe. * If need be, get the BCO to attend on
the basis of a final completion. * *If he signs it off then fine. *If
not he will give you a list of things needing to be done.

OK, sounds sensible advice. Not having dealt with BCO before I didn't
know what needed doing here.

Keep it short, simple and factual. * No need to bother with the
friendly packaging and no need to be anal either.

Again, sound advice; that's what I was planning actually, what I meant
to emphasis was that I wasn't planning on being too anal about it; the
ball is in his court - if he wants to come back, fine, if not then
that's his loss (unless of course the work that remains has a
significantly higher value than the retention, in which case we're
stuffed!! (And that's our fault ref the level of retention agreed!!)

Matt

wrote in message
...
Last year we had a two storey extension put up, which went mostly
smoothly.

The builder was recommended via word of mouth from some others; good
quality work, organisation sometimes a bit ropey but generally a good
guy to deal with.

We used the FMB contract to agree a fixed price (which was stuck to)
and retention of just less than £2k.

Work was all carried out fine, though as we got to the end there were
a few finishing details which didn't get done. The guy had no
additional orders in so went off to work for someone else as either a
foreman or brickie (not sure which).

We've now spent about 6 months trying to get him back to sort the
agreed snagging list (nothing major, but nonetheless still needs
doing) and finish off a few extras that he agreed with us. But after
fobbing us off for a good while, he now ignores our phone calls and
texts.

What I suggest you do is get another quote for finishing the works. If that
comes to less than the retention write to him recorded delivery politely but
firmly mentioning that "time is of the essence" and giving him 31 days to
complete the works or you'll consider the contract breached and terminated.
If he's done nothing after six months he isn't going to now and you can
pocket the difference.

If it comes to more than the retention write to him on similar terms giving
him 31 days to finish it or you'll get a 3rd party quote to finish it and
claim any balance over and above the retention from him in the small claims
court. Don't actually mention in either case that you already have a third
party quote for the works.

In either case you've taken reasonable steps to resolve the matter as well
as cover yourself legally and will look good to a district judge in the
unlikely event of it actually going to court.
--
Dave Baker
Puma Race Engines

On 2008-03-19 16:28:26 +0000, said:

On 19 Mar, 15:32, Andy Hall wrote:

You could do this as a starting point. * * The first golden rule is to

retain *much* more. * 30% of contract would have been better, but too
late for that.

I can't see any builder that would work with a 30% retainer.

That depends on negotiation, but academic now.


Subcontractors have to be paid, and if the guy can afford to be out of
pocket by 30% that means his personal profit margin is way too high.
Commercial terms are generally around 1.5% of certificated value,
anything above 5% would be incredibly punitive.


Before doing anything, I would contact the BCO and ask what the stage
of sign off is on the project and what as yet to be done. * *You need
to know this because he may not have followed the rules and there may
be more awry than you believe. * If need be, get the BCO to attend on
the basis of a final completion. * *If he signs it off then fine. *I
f
not he will give you a list of things needing to be done.

OK, sounds sensible advice. Not having dealt with BCO before I didn't
know what needed doing here.

Call and ask. I've found BC departments to be sensible and
professional and pretty helpful. Their objective is to make sure that
proper and safe standards are used - for the most part.



Keep it short, simple and factual. * No need to bother with the
friendly packaging and no need to be anal either.

Again, sound advice; that's what I was planning actually, what I meant
to emphasis was that I wasn't planning on being too anal about it; the
ball is in his court - if he wants to come back, fine, if not then
that's his loss (unless of course the work that remains has a
significantly higher value than the retention, in which case we're
stuffed!! (And that's our fault ref the level of retention agreed!!)

Well..... you're not stuffed. If it turns out that the amount is
significant, then you can choose between writing off or pursuing it.
This is why it's not a good idea to be *too* nice guy now. You might
want to adopt a firmer position later.

The other thing is that if there is anything that is visible and can be
photographed, then do so.

I had a situation of a retention payment which developed into the
construction firm attempting legal action for repayment. Sending
their law firm pictures of work that they hadn't done put them on their
back foot and got them negotiating for a far smaller sum than the
original claim.




Matt

"Andy Hall" wrote in message news:47e19dd3@qaanaaq...
On 2008-03-19 16:28:26 +0000, said:

On 19 Mar, 15:32, Andy Hall wrote:

You could do this as a starting point. The first golden rule is to

retain *much* more. 30% of contract would have been better, but too
late for that.

I can't see any builder that would work with a 30% retainer.

That depends on negotiation, but academic now.


Subcontractors have to be paid, and if the guy can afford to be out of
pocket by 30% that means his personal profit margin is way too high.
Commercial terms are generally around 1.5% of certificated value,
anything above 5% would be incredibly punitive.


Before doing anything, I would contact the BCO and ask what the stage
of sign off is on the project and what as yet to be done. You need
to know this because he may not have followed the rules and there may
be more awry than you believe. If need be, get the BCO to attend on
the basis of a final completion. If he signs it off then fine. I
f
not he will give you a list of things needing to be done.

OK, sounds sensible advice. Not having dealt with BCO before I didn't
know what needed doing here.

Call and ask. I've found BC departments to be sensible and professional
and pretty helpful. Their objective is to make sure that proper and safe
standards are used - for the most part.

I could not agree more than starting with the BC department.

They are usually very helpfull the BCOs. The only unhelpfull ones are the
those that arrive at a job where someone is lying to them.

Adam