In our experience, the overwhelming issue that plagues homeowners is – How do I get my builder back on site to finish what he started with or remedy defects?
Even though you may say that’s obvious, the first way is to enter into a building contract.
And yes, it is simple, but it gets ignored repeatedly. Without a contract, you will always be on the back foot.
Simple, standard building agreements are set up to provide you with contractual remedies, by way of example:
1. Payment to the builder is made through interval payments; only once the builder reaches a milestone or a quantity surveyor measures the work is the builder paid. We do not pay the builder all his money upfront.
2. Retention monies must be held over; by way of example, if the builder has reached
milestone 1, which is for R100 000.00, 10% retention is kept aside by you and the builder is only paid R90 000.00.
This way, at the end of the project, you will have money to fix any defects if the builder fails to return.
3. Don’t just sit and wait for something to happen; your contract provides you with further remedies; by way of example, you can terminate the contract, get another builder to complete the works, and you can sue the original builder for all your damages.
