Case Studies

Case Study 1: Failure to complete work in accordance with the contract.

A builder described as rude, aggressive and even threatening towards his clients, advised them to knock down and rebuild their bungalow for £130,000 instead of having a £100,000 extension and refurbishment works done. He advised that the works would be completed in 17 weeks. Payments were to be made in 7 milestone payments the first being for £60,000; the clients negotiated this to £30,000.

After 17 weeks the works had not been completed. The clients gave an extension of time for four weeks, after which the works had still not been completed. After issues over the kitchen not being included in the cost of the rebuild and the amount of time the works had ran over the builder was dismissed from the job.

The builder must carry out all works necessary to deem them to be complete with out additional payment being sought. There was no extension of time clause in the contact therefore any delays should have been accommodated within the 17 weeks, bad weather can just be bad luck. In this case the clients were well within their rights to dismiss the builder. Repeated demands to be paid in excess of what was due amounted to a breach of the contract. For these reasons the builder was ordered by the judge to pay the legal cost of their clients and to also pay any additional cost incurred be the clients to have the works completed by others.

Case Study 2: Work untidy but structurally sound.

The clients had commissioned a local builder to extend two upstairs bedrooms over their garage. The builder completed the work within the agreed time-frame though the client felt the work looked unsafe and was withholding payment until it was examined by a professional.

A surveyor inspected the work and found it to be well-built but somewhat untidy. One of the BuildingDispute.com team liaised with the contractor directly to resolve the dispute.

Following discussions, the builder agreed to spend a further day on the site, to tidy up the works and also agreed to have the upstairs carpets professionally cleaned on the condition that the final payment was made promptly.