# Contractors - Delay in completion advice



## kh904 (Dec 18, 2006)

Hi guys,

A long one but please bear with me...

After many many years my parents have finally started their rear extension.
The majority of the work is done but it has gone way over-schedule (we know it's not unusual to go a little over-schedule).
There isn't really too much to do (some small electrical work), installing bathroom & toilet extractor fans, some boarding of the walls in the old kitchen-now dining room and plastering that room, and to level the flooring in the new dining room (old kitchen), and some minor plumbing work.

We are getting someone else to do the finishing (painting, tiling,installing kitchen & flooring).

The issue is that it's taking ages to complete their jobs.
The contractors are obviously overstretched themselves on the jobs they've taken on and can't get the sub-contractors in time. 
There have been many times where they've had to cancel & rearrange to come back later etc.
This has lead to major stress for my parents as there is no kitchen, no washing machine etc 
The contractor hasn't been paid until the job is complete and I don't think there was an over-schedule penalty clause in the contract/agreement. There is however correspondence between my sister an contractor saying that their work will be completed in 2 weeks (which has now passed). My sister has threatened them with legal action if they don't complete their work soon.

I've arranged a meeting with one of the contractors tomorrow and trying to play good cop and have a straight but positive conversation with them this weekend and trying to prevent it going sour and going the legal route (time, money & stress involved).

The question is what's the best way to handle this to get the work complete asap and everyone is a winner?

I was going to tell them to knock some money off (not sure what is reasonable), but if they don't agree to compensation then what?
Or set new terms for them to guarantee they they complete within an agreed deadline or there's a penalty which we will deduct (again what is reasonable)?

I'm trying to keep it positive for everyone involved & will try not to be aggressive (but we have been very reasonable with the delays & have a right to be aggrieved).
We don't want them to walk away (and pay them for the work they've done to date) and then have to find someone to finish the work off.
They have a good job other than the time taken.


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## Jack R (Dec 15, 2014)

How much has been paid to the contractors in relation to work completed? 
Has any of the plans changed from what was agreed at the start?


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## kh904 (Dec 18, 2006)

JR1982 said:


> How much has been paid to the contractors in relation to work completed?
> Has any of the plans changed from what was agreed at the start?


Honestly i'm not sure how much has been paid so far. 
I believe my parents pay the final installment once the work is completed and signed off with building control.

Regarding change of plans- not really changed anything significant to warrant the time delay experienced.


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## Jack R (Dec 15, 2014)

It could be that they have genuinely over stretched themselves, keep calm definitely do not loose your tempers and stand firm. If they are a decent company they will do what they can to put things right. Get a date in writing with possible penalties if it's not completed by the new date as its in your interests at this point to keep them on side, don't mention anything about knocking money off at this point. If it does all go wrong you'll end up spending a lot more than what you've got left to pay on the contract to complete the work, unless of corse you've got the sub contractors numbers to go direct to them (which is another option).


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## kh904 (Dec 18, 2006)

JR1982 said:


> It could be that they have genuinely over stretched themselves, keep calm definitely do not loose your tempers and stand firm. If they are a decent company they will do what they can to put things right. Get a date in writing with possible penalties if it's not completed by the new date as its in your interests at this point to keep them on side, don't mention anything about knocking money off at this point. If it does all go wrong you'll end up spending a lot more than what you've got left to pay on the contract to complete the work, unless of corse you've got the sub contractors numbers to go direct to them (which is another option).


I agree I will try not to lose my temper, but I will let them know we are not happy with the time taken/delays and the lack of communication.
I also agree that we should try to keep them onside (although they should be trying to keep us onside as we are the customer).

Since my initial post, the plumber came and installed the towel radiator but the brackets have now come away from the wall (plasterboard) which is another thing to add to the list.
To be honest the plumber's attitude and work i'm not entirely happy with, which I will also bring up.


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## Jack R (Dec 15, 2014)

Another option would be professional mediation if things get bad. But you'll need to check the contract before going down that route as they wont help unless it's all documented once it goes above a certain value. As for the plumber that is a common problem if it's just been plastered, but he should know better. 
Good luck with everything and let us know how you get on. I've been on both sides of this problem in the past so I know what your going through as well as his situation.


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## Nanoman (Jan 17, 2009)

How long has this been going on for? Reading your post I was thinking it was months but then you mentioned 2 weeks was the initial plan. 

Threatening them with legal action if they haven't actually breached any binding agreements for timescales with penalties is not the way to deal with this. Even if they put the two weeks figure in writing you need to check the wording carefully. Any builder worth their salt will have their standard contracts stacked well in their own favour for things like estimated timescales.


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## kh904 (Dec 18, 2006)

Work started around march/april.
One of the contractors come over about 3 weeks ago to go through what was left to complete.
He said it would take 2 weeks (apparently this was also said on an e-mail to my sister who was initially dealing with it).

We have been extremely reasonable regarding timescales.
The subcontractors say they'll come on a certain day then don't show up which sets off a chain reaction as other trades people can do their work.

Most of the major building work is done. The main job for them to complete is the boarding and plastering & making good the dining room floor of the dining room, installing the extractor fans in the toilet and bathroom.

To board up and plaster the walls, the plumber first needs to remove 2 radiators and remove a length of copper pipe.
Until then the plasterer can't start.


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## RedUntilDead (Feb 10, 2009)

Not really advice but I know a few tradesmen through work and my social circle and we always talk shop. Customers often hold money back off the final bill if they are not happy. When questioned my mates just say, " you move on, not much you can do, don't need or have time for all the hassle"
A building contractor has things stacked more in his favour than the home owner once you employ his services.


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## Nanoman (Jan 17, 2009)

Doesn't matter if they said 2 weeks in writing unless they agreed to penalties if it takes longer. Really you need to look at the contract documents and any change notices if you want to use a threat of legal action against them or if you want to know if you can get any recompense. I suspect you will struggle. 

I'm pretty confident the builder's terms of business will cover their **** for this pretty well and you probably need to be as annoying as possible in the nicest possible way to get what you want out the situation.


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## Rayaan (Jun 1, 2014)

Can't do anything if there's no penalty clause in place

I.e. Completed in 2 weeks (in writing) or there is £xxx penalty for every day over.


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## kh904 (Dec 18, 2006)

I do believe under the Consumer Act, we can send them a notice to complete the works by an agreed date. They either respond with there date/offer, or if they don't reply we can sack the builders and pay for the work that has been completed. 
The problem is finding more tradesmen again who are free, so we won't really be in any better position.

Anyway, the contractor came on at the weekend to go through the list of jobs and I asked for a definite completion date and he said the next day once he has spoken to his tradesmen. Needless to say he didn't contact so I had to contact him and go a message saying that he is still trying to confirm with his tradesmen and should get back to me tomorrow with a date
I don't hold my breathe!

Now I understand why Polish builders are putting the native Brits out of work. So much more reliable, cheaper and hungry to for work (usually for a whole day too)!


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