Builder and false promises to complete

[moonglum63]

We had a two storey extension built to the rear of our dwelling. It was estimated to be a 12/14 project on a worst case scenario, the project started mid-February 2015. Here we are, May 2016 and not only has the project not been signed off, the building inspectors have discovered several issues with the job, which include no cavity seals for any of the new doors frames, patio and windows, resulting in damp and mould in several areas. Poor plumbing, resulting in leaks, damp proofing issues, patio door too low, poorly fitted windows, and a whole raft of faults which are currently, or should be in the process of being resolved.

The list of issues is not exhaustive, nor are the issues we have had. We are now at the end of our patience and looking to see what avenues we have at our disposal to get the faulty jobs put right and how we can claim this back. The job is not signed off by the building inspectors and no electrical certificate issued.

I would like to name and shame these builders.

[Ripped-Off]

Re: Builder and false promises to complete

no cavity seals for any of the new doors frames

I think you mean cavity closers, like these shown below.



Commercial house builders will always use them but your typical domestic builder probably won't, especially in older houses. They'll more than likely use expanding foam or foam strips to close the cavity around doors and windows. Using proprietary cavity closers removes the need for cutting the blocks and does not require a separate vertical DPC. If neither option is used you will end up with thermal bridging where cold is allowed to transfer across the window or door material and condensation may form causing damp and mould as shown.

The list of issues is not exhaustive, nor are the issues we have had. We are now at the end of our patience and looking to see what avenues we have at our disposal to get the faulty jobs put right and how we can claim this back.

Do you have a written contract with the builder? If so can you provide more details. In the meantime, you may want to hold back as much of the money you owe the builder as you can. Under the law of abatement you are entitled to hold back money. However, the law of abatement limits any deduction to ‘the sum which it would take to alter the work so as to make it correspond with the specification’. In other words, the measure of abatement can never exceed the sum which would otherwise be due as payment but for the defective work - Multiplex Constructions v Cleveland Bridge [2006] EWHC 1341.

The problem I find is that most domestic construction is done between the homeowner and the limited building company. I would not recommend entering a building contract on this arrangement as the limited company can be easily stripped of its assets leaving the homeowner with a pyrrhic victory when things go wrong. If the builder is unable to provide security or some other suitable arrangement cannot be agreed beforehand, enter into a contract with both the company and the builder personally, after confirming his identity of course.