Builder Is Not Willing to Resume Work on Agreed Date - What to Do?

Hi guys,

I'm a homeowner who is building a house. Earlier we had a dispute with the builder and the building works was suspended. After paying all outstanding fees in full, the builder agreed to start work 3 weeks later provided the work zone permit has been approved by the council. The work zone permit has been approved and and the agreed date has arrived but now the builder says they cannot resume work. They told me they can only resume work within a reasonable time with the excuse of needing to organise contractors. I think they might be pushing me around. What can I do in this situation?

Comments

  • +10

    I'm a homeowner

    By the sound of it, not quite yet?

    • to be or not to be…

  • What was agreed to in the contract?

    • The contract states the builder is entitled to a "reasonable amount of time" to recommence building works. Frankly, I've given them 3 weeks to a date which they themselves agreed to in advance so I would think that is reasonable enough. I am open to your thoughts on this though.

  • When was the permit approved and the builder notified of said approval. When was the building supposed to start?

    It would take a couple of weeks to organise the various trades; so wondering if enough notice was given.

    • The permit was approved on the very morning of the agreed date. They were aware of this but gave their excuses. We essentially gave the builder 3 weeks notice to resume building. Personally I think 3 weeks is reasonable enough, given that they are supposed to start working again.

      • How long were the fees overdue for?
        (eg If they were overdue for <5 days, fine.)
        (eg If the fees were outstanding for >2 weeks, oof.)

      • +6

        You can't expect them to start on agreed date or even within the same week as that date if the permit was only approved on that morning. It would take 2-3 weeks from the permit approval date to organise and schedule all the people required.

        Based on the terrible relationship between you and the builder, no way would he have organised those people in advance of knowing 100% the permit is in place. I know our building contract had clauses that dates were dependent on permits being approved prior.

  • Earlier we had a dispute

    Kiss and make up?…

    I think they might be pushing me around.

    Oh yeah, they are not family…

  • Tricky situation, cos if you say something then they're attitude could be even worse…

  • What was the dispute ? not much you can do if the builder cannot proceed because they do not have the contractors to proceed with.

  • +4

    After paying all outstanding fees in full

    So you owed him money? Oof

    You've been red-flagged as a crappy customer. You'll get your house built, according to the contract, but on his terms.

    a reasonable time with the excuse of needing to organise contractors

    You ever tried to call a plumber or an electrician at short notice? How about when you've previously told them NOT to come and work, because you have no money? The subbies are now both shitty at the builder who had to change the schedule, and you the customer who is causing problems with payment.

    I think they might be pushing me around

    Correct.

    What can I do in this situation?

    Nothing. Damage has been done to the relationships, which is in fact the foundation upon which a house is built.

  • +4

    How long were the works suspended for?
    What stage did the works reach before the suspension?
    3 weeks is not a lot of time for the subcontractors to reschedule all their other booked in work to fit yours back in. Some subcontractors are running with solid bookings 2-3 months ahead.

  • +2

    Pay on time in future.

  • What can I do in this situation?

    Depends if you want the house built..

  • Builder could've very well resumed and in doing so, booked contractors etc. They just won't be available for another period of time

  • Earlier we had a dispute with the builder and the building works was suspended.

    Tell us more🍿

  • Care to share who the Builder is? A person I know is using a builder and having issues, this builder is quite literally taking him to the cleaners. Completely ruthless and smashing him with everything the contract affords and the contract is 100% in the builders favour. I read his contract and it is so biased it had to have been written by a criminal because the clauses are worded in a way I would not have even thought to word it. If your contract is written that way, there is almost nothing you can do about it. Just grit your teeth, accept the pain and never recommend or use this builder again after the job is done.

    • which builder is this?

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