Page 3 of 3
Posted: Thu Jun 21, 2007 8:21 pm
by Ted
Is a JCT Minor Works... it is heavy reading if you are not a lawyer but I think I am getting the hang of it now....
Obviously I can't start work till the contract is determined.
The contractor's loss of profit will not be huge as he has charged and been paid for half of the contract, especially as it now appears he has been charging for work not yet done and all the work he has done is very poor. Why has the arch signed off work that has not been done???
I have offered contractor a chance to rectify his shabby work but he seems to want to pay for someone else to do it and just foot the bill; obviously if I can now prove the slab has to be redone my/the client has a huge claim!
Posted: Thu Jun 21, 2007 8:30 pm
by Ted
The arch should have dismissed him as soon as he saw the work was poor. Why did the arch let the build continue ??? :rock:
My arch saw it to day and couldn't believe the mess the contractor had made of the barn.
Fortunateky the arch who has signed off the work is a Chartered Arch so RIBA may well have to be informed!!! 
Posted: Thu Jun 21, 2007 8:49 pm
by ski
You may be right in your ascertion that he should not have a huge claim but, that will not stop him from trying if he wants to. Once you have substantiated the claim for corrective works is the time he will come in for lost profit, I expect his claim for lost profit will be exteremely similar to the claim against him, there normally follows a stalemate at which point both sides walk away unless they want to spend a lot getting to know their lawyers. Given all that you are saying and your keeness to be involved one way to cut through the recriminations is to get all involved to a lengthy site meeting with the agreed intention of reaching some sort of compromise. It has to be done on site, it has to go through everything in dispute and get an agreement. You have a minute of agrement drawn up there and then and signed. Trouble is nobody usually is prepared to do this though it may be worth a try. From the outgoing contractors point of view it represents a chance for a clean break, from the new contractors a clean start, and for the owners the chance to move on. They can be long and heavy going, but if you can get all to agree to it they are well worth it. It sounds like A JCT contract for minor works has been used which sets down what will happen in the event of disputes. I like JCT's as a contracator I think they protect my interests well so I expect the contractor is happy with his situation. Normally a JCT states that arbitatration is entered in to if there is a dispute, this is what the site meeting is for (yes I forgot you get an independent qualified person at the meeting to 'arbitrate between the patries') To do well in these type of meetings you must prepare well, the more well briefed you are the better you will come across. Treat it as a excersise in debating, the better prepared you are the more likely the arbitrator will see you side. Hope that helps!
Posted: Tue Jun 26, 2007 5:20 pm
by Ted
ski wrote: Hope that helps!
It does.
The Concrete Society, British Cement Association and Concrete Centre have jointly said that the slab should only be out up to 1mm (or 2mm between pours).
This slab is out over 20mm within pours and 50mm between pours and it is not even finished but the architect has signed it off!