Letter Follow Up

I called the builders today to see if they had received my letter and what is being done.  Unfortunately our Site Supervisor is on leave already and they had no idea about progress.  It's always reassuring to hear that the office is on top of everything.

I did find an interesting clause in the contract though:

"43.1 The Builder is in substantial breach of this Contract if the Builder:

• suspends the carrying out of the Building Works, otherwise than in accordance with Clause 35 [which is only if the owner doesn't pay a progress payment or is themselves in breach];
• has the Builder's licence cancelled or suspended;
  or
• is otherwise in substantial breach of this Contract."

To me, that says that if the builder stops working on the house they are in substantial breach.  The next clause goes on to say:

"43.2 If the Builder is in substantial breach of this Contract the Owner may give the Builder a written notice to remedy the breach:

• specifying the substantial breach;
• requiring the substantial breach to be remedied within 10 Days after the notice is recieved by the Builder; and
• stating that if the substantial breach is not remedied as required, the Owner intends to end this Contract." 

So if after the 19th of January (the day that the builders office reopens after the break) I have not heard anything satisfactory from the builder I will send them a letter as detailed in clause 43.2 to sort of force them into action.  If the contract is ended by the builder being in substantial breach, the owner can get another builder to finish the work at the builders expense.  Not a good outcome, however a good threat to get things finished.

Our next little project is to organise someone to come and put a fence in... I'll keep you posted.