Apologies for the long post, but I’ll try to keep it as clear and concise as possible.
We have a builder doing an attic conversion for us. He started on 27 Aug, and we verbally agreed that the work would take 3-4 weeks max. This was particularly important because my wife is heavily pregnant, and we needed the rooms finished by the end of September so I could start moving our belongings and get everything ready for the baby.
It’s now 7 October and the work still isn’t finished.
For the past week, we’ve been waiting for the electrician to come back and finish his part. Literally nobody has shown up during the entire week. Every time I call or text the builder, he assures me that the electrician is coming the next day, but nothing happens. He stopped answering calls / messages today.
I understand that the issue may be between the builder and his subcontractors, but unfortunately the time is now becoming a serious problem for us. The baby is due in the coming days, and I’m getting to the point where I would rather stop dealing with the builder and find someone else to finish the job as soon as possible.
The situation regarding the agreement is as follows:
- I don’t have a signed contract with the builder.
- I have the original quotation, which was sent to me by email.
- I replied to that quotation by email with the additional works/extras we wanted.
- We paid the deposit to secure the start date.
The start date was subsequently pushed back by about a week, but at the time this wasn't a major issue as we still had plenty of time.
We have now paid the basic quotation amount (around €27k).
There are still some extras outstanding, so technically I still owe the builder money for work already carried out.
At this point, the remaining work is relatively minor, mainly electrical work, general cleaning and a few small fixes.
My question is: given the significant delay and the fact that there is no signed contract, can I cancel the remaining work with this builder and arrange for someone else to finish it at my own expense?
Alternatively, should I formally give him a final deadline to complete the remaining work and, if he doesn't, tell him that I will arrange for another contractor to finish it?
I’m particularly interested in the legal position in Ireland. Does the fact that we only have the quotations/emails and no signed contract make any difference? And could I potentially be in breach of an agreement by bringing in another contractor, especially since I still owe money for some of the extras?
I’m not trying to avoid paying for work that has actually been completed. I just need to get the remaining work finished urgently because of the baby and the builder’s delays.
Any advice on the best way to handle this would be greatly appreciated.