He is now 3 months late delivery the job, he tells me it will likely be 4 and a half months because he has yet again been let down.
I have a Minor Works JCT contract, the contract states delivery in Feb, when I told him last week that it wasn't good enough he started moaning about the stress of it all and saying he would finish the next part and then walk off the job, leaving me with 2 rooms that he had agreed to do unfinished.
What options do I have?
Sack him and pay for the work done to date and then get another contractor?
not pay him?
you haven't paid him up front have you?
What TJ said
he would finish the next part and then walk off the job
...
What options do I have?
Ask him to ensure that he's fitted the doors correctly so they don't hit him in the arse on the way out? Sounds like the solution's already presented itself to me.
What does your contract say about breach/termination?
Realistically though, what TJ said.
He is paid slightly in advance of the work being completed so up to know has had 2 thirds of the money.
I would without doubt lose out financially if i was to sack him now. This would annoy me intensely given the stress he has caused.
Having looked online nd through the contract I can only see a dispute resolution.
Does anynodybhave experience of something similar?
Assjming he finishes can i withold the final payment?
What are my options if he walks off the job?
Contract says he is liable for any financial penalty I incur if he fails to complete the job, says nothing about being outside of agreed timescale.
get the money back off him and sack him.
Clause 6.5 ish ( I don't have a copy in front of me) allows you to terminate the contract in the event that the contractor fails to work regularly and diligently to makeย ย progress with the Works.
I'm no expert though.ย Just like most on here. ๐
You can sack him off if you wish but do it properly and get a proper valuation of works to date.
Get rid & get a decent builder in.
it is for this reason you never pay in advance - only for works undertaken.
get some proper legal advice as to what you can do to get rid of him for the least cost and maybe (maybe!) claim something off him.
I've had to finish a couple of jobs off in similar situations.
Do factor in that good trades won't be waiting for the phone to ring and dropping everything to finish someone else's work.
Often the client is a bit awkward because of the stress being burnt already so personally I try and avoid the situation.
If the quality of work is good up to now working things out with the builder could well be quicker than finding new trades.
I seriously doubt that you'd get anyone decent to finish off a job at such short notice, or for the same price, so like others, If the quality achieved to far is good I'd stick with even with a delay.
If you have a Minor Works, did you negotiate LADs?
Have they requested an EOT?