Builders - Homes and Extensions

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Undertaking any sort of building or extension work on your house is usually an expensive undertaking, and one in which you can find yourself dealing with some very frustrating situations. From the outset however, I must make it clear that most builders are hard working, decent people. Sometimes they make mistakes. Sometimes however, you may come accross cowboy builders.

This entry was commenced on 13th May 2001. I expect that the content will be completed around July 2001. Comments incorporate details of planning regulations which apply in England.

Builders are motivated by many things, including the receipt of pieces paper with numbers written on them. They like to receive as many of these as soon as possible, even though the project on which they are working may last for several months. Hitch Hikers are advised that if they give too many pieces of paper before the work is finished, the less professonal builders may not have enough motivation to complete the work. Hitch hikers may also find it difficult to make sure that the work is properly completed

There are a number of legends about builders. Probably the most enduring are those that relate to builders time-keeping. Hence



I'll have it finished by the end of the week,
means
I get mixed up between 'weeks and months'

FREQUENTLY ASKED QUESTIONS


Q1. How do I increase the chance of getting a good builder?



A1. You can take several steps:



Ask them how many people are directly employed by them. This does not have to be a large number. What you are looking to avoid is the situation where the builder is a one man band and where all his or her work is dealt with by subcontractors. This is especially important if there are lots of outstanding jobs at any one time.



Ask them what parts of the job are subcontracted and the names of their subcontractors. Subcontractors are not necessarily bad news - you don't after all, want a "Jack of all trades". Specialist work, such as plumbing, electrics and media may be better handled by a specialist



Ask for the names of their previous three jobs for references. Write to them enclosing a stamped addressed envelope. I have a model letter for this purpose which is free for anyone to use or adapt as they need. Comments from a builder discouraging you to to place too much weight on the opinion of a referee on the lines of 'They were really horrible and made me do a lot of work for nothing' usually translates to 'They realised that I was bodging the work and insisted that I did it properly'



Ask them how many jobs they currently have which are not signed off from the local authority Building Control department. This is very interesting. Check with the building control department of your local authority. Their address will be in yellow pages, or you will be able to find them on http://www.open.gov.uk which is the parent website of all government departments and has links to local authorities.



Ask them if they are registered for V.A.T. Unless the builder specialises in erecting extensions to dog kennels, they will almost certainly need to be registered for V.A.T.



Q2. How do I give clear instructions to the Builders.



A2. It all needs to be in writing! (write this down 100 times).



This process starts in the process of choosing the builder.



Architects Drawings.



Make sure your architects drawings are complete. It is surprising how even 'Building Regulations Approved' drawings can contain glaring inaccuracies or incomplete data. Yet these few sheets are the specification for your work. Anything wrong or incomplete on here will be the seed of difficulties later on.



The best way to do this is to invite a number of builders to tender for the work. Make copies of the drawings and refer to any specific features that you may be uncertain of, or which my be special features, especially architectural features. It is likely that each will come back with their own further questions where they consider the information to be incomplete. This is your first important cue to potential shortcomings on the architects drawing - which should, after all, be a complete statement of the works required.



The builders that come back with the 'No Problems - we will have that done in eight weeks' are to be avoided like foot and mouth disease.



The process of getting in the tender will be an iterative process. From the builders questions - there should be some - you will need to go back to the architect and then supply the responses to everyone who is still interested in doing the work. The point to understand is that it is in your interests to give the parties concerned the maximum amount of information that they need in order to successfully bid for the work. It is not a competition to find the most clairvoyant builder. Remember though, not to disclose to builders bidding for the work, the names of their rivals. Apart from being rather bad form, it serves you no purpose at all and can be to your disadvantage.



Get everything agreed in Writing!



Before agreeing to anything verbally, see your brain care analyst. In the cosy discussions over cups of coffee, never forget that you are talking about a contract that may be as much as your annual salary, sometimes a lot more. This is not the time to make casual concessions or agreements which will be difficult, though not necessarily impossible, to enforce.



Things which are often the cause of problems seem minor, such as the number and position of electric outlets etc. You would be amazed at how fitting a couple of extra points becomes the cause of several hundred pounds of work at the end of the project. Plan as much as you can before the sum is agreed. Indicate positions of electric, TV and media outlets, wall lights, overhead lights, plumbing fittings, the works!. Better still, do a components list of such items so that there is no misunderstanding.



If you do need any 'late extras' (known in the trade as a 'variation') then again, set these out in writing and agree a price before the additional work is committed.



Q3. What if I can do some of the work myself?



A3. Then by all means do so,



The following points need to be taken into account in reckoning just how much you will save by this. As a rule of thumb - don't.



How Much will you save?



Get the builder to provide a quote for doing all the work, and then a quote for the work net of tasks you intend to do yourself. The rest is down to your arithmetic.



Who is liable?



A domestic building extension is subject to the Sale of Goods Act, just like most other things that we purchase. As such, the responsibility for the work rests with the builder. If you do some of the work yourself, his liability becomes 'clouded' unless the tasks that you do are capable of being isolated in the event of a dispute.



Agree the division of work in writing!.



This is a constant theme. Just work on the principle that "if it is possible for a situation to be misinterpreted, then it will be". Leaving no room for doubt leaves little room for arguments.



Q4. Should I make "stage payments" for work done?



A4 Yes, it is normal for this to happen, but take the following into account.



Builders make the fastest money in the early life of the work.



This does cause a tendency to start one job, get the stage payment and then start the next, filling in on yours in between rainy days. You must give your builder a financial incentive for finishing the work - which means pay as little as possible so that he gets the bulk of the payment for finishing, not starting! It is fair that his costs of materials and contracted labour are paid for in stages, and this subject to satisfactory work. Any further payments are at your peril.



It is also a good idea to keep a 'retention' of funds, after completion of the work, to be paid after between one and three months. This is to allow time for snags to be discovered and provide an incentive for the builder to put these right.



How do I know if the work stage has been completed satisfactorily?



First of all, you will have paid the building inspection fee. This normally allows you to get out the building inspector as many times as necessary. They will inspect statutory stages, but there is nothing stopping you from having additional inspections to ensure that workmanship etc, is up to scratch.



Secondly, you have paid your architect. While an excessive number of calls to the architect may give rise to an additional fee, one or two visits, especially if there is a point of issue with the drawings, should normally be available - but check first.



Q5. What if I am not satisfied with the work carried out?



A5. Let the builder know!



I am informed that the matter of domestic building extensions is governed by the "Supply of Goods and Services Act 1982"



Before you reach for your solicitors however you should first draw up a written list of defects and present this to the builder. A reputable builder will not mind having points presented and will fix them without a fuss. If you meet with silence however, you may need to assert your rights under the contract.



Gather the evidence.



Okay, you may not be happy about the quality of work done, but in the event of a dispute, you well need some hard facts. Otherwise it may end up being your word against your builders. What you need is some independent evidence but ideally without spending an arm and a leg getting it.



Enter the Building Inspector.



If you suspect that the defects are of such a nature that the work would not meet building regulations then contact the Building Control Department and get a building inspection. This is normally carried out without additional charge - after all you paid the building control fees when you got planning permission for the work.



If there are any defects, the Building Control Officer will serve notice on you to get the matter put right. Unfortunately they carry no direct enforcement powers against the builder directly, Nevertheless, the notice from Building Control is independent evidence that the work is defective.



And where is the Architect?



It may be that the work does meet the statutory building regulations but it may still not be according to the architects plan. So get the architect in and verify that the plans have been followed. Again, and substandard variation reported by the architect is independent evidence that the work is in some way defective.



Cry havoc and .........



Okay now you need to sit down with the builders and calmly explain why you are unhappy. Ask them to 'clarify' the points that you have made and ask them to agree the work that needs to be done to remedy the matter. Take careful notes and make it clear that you need to confirm that the proposals will solve the issues. This serves two important purposes:



It really does give you a chance to check with the professionals whether the proposals will be adequate and,

It stops you agreeing verbally to the proposed changes in the absence of such advice.



If you are reassured that the proposals will be satisfactory, then minute the proposals as agreed in writing and have the builder sign an undertaking that the work will be completed in an agreed timescale.



Hopefully all will be well, but monitor progress vigilantly and under no circumstances pay any more money until the project is well back on schedule.



And if things are still not agreed.



Now is the time to assert your legal rights. You have to put the builders on warning that you are considering getting in another builder to finish off what they cannot - and hold them accountable for costs. This has to be done in writing. See the specimen latter in the link below but remember, get advice from a qualified solicitor at this point - even if it is just to keep you heading in the right direction.


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