Builders wanting more money after agreement made!!

[Darren_UK]

 

Hi All,

Hope you are well.

 

I need some advice on a bit of a shit situation.

 

So I agreed with the builders to build me 3 rooms with CR and a bar for 1m. This has been confirmed on FB messenger with detailed plans / measurements / layout etc. (The builders were recommended from a good friend who has had 2 houses built and no problems).

 

We got the plans drawn up and building permits etc and had the detailed costings of all materials / labour etc which came to total of 775k. 

 

I paid them 500K up front for materials then 35k a week salary even though there was only 6 workers for first 8 wk then 2/3 for the next 6 weeks. They also asked for an additional 100k advance for windows etc so I paid. I have receipts for every transaction. We are now on wk 15 so obviously I have paid my 1m a few weeks ago. Since then work has dramatically slowed down, only 2 people per day and not much is getting done.

 

They are nearly finished the 3 rooms/Cr except no windows, electrics or plumbing and haven’t started the bar. They are now asking for more money and out of budget. Has anyone had this and can I case a file against them? Is it legally binding an agreement on messages?

 

I don’t have any money to give them for the project as I‘be spent on beds  etc for the rooms. I also have no income coming in until I rent these rooms out but still unfinished!

 

Any advice or similar experiences you can share would be much appreciated! I don’t know what to do!

 

[Old55]

You have my sympathy Darren. Honestly there's little or nothing to be done other than not paying them another Peso. 

[hk blues]

5 minutes ago, Darren_UK said:

 

Hi All,

Hope you are well.

 

I need some advice on a bit of a shit situation.

 

So I agreed with the builders to build me 3 rooms with CR and a bar for 1m. This has been confirmed on FB messenger with detailed plans / measurements / layout etc. (The builders were recommended from a good friend who has had 2 houses built and no problems).

 

We got the plans drawn up and building permits etc and had the detailed costings of all materials / labour etc which came to total of 775k. 

 

I paid them 500K up front for materials then 35k a week salary even though there was only 6 workers for first 8 wk then 2/3 for the next 6 weeks. They also asked for an additional 100k advance for windows etc so I paid. I have receipts for every transaction. We are now on wk 15 so obviously I have paid my 1m a few weeks ago. Since then work has dramatically slowed down, only 2 people per day and not much is getting done.

 

They are nearly finished the 3 rooms/Cr except no windows, electrics or plumbing and haven’t started the bar. They are now asking for more money and out of budget. Has anyone had this and can I case a file against them? Is it legally binding an agreement on messages?

 

I don’t have any money to give them for the project as I‘be spent on beds  etc for the rooms. I also have no income coming in until I rent these rooms out but still unfinished!

 

Any advice or similar experiences you can share would be much appreciated! I don’t know what to do!

 

You could file an action against them.  But, would it be throwing good money after bad?  You don't me to tell you this, but paying all the money before the project was completed was a mistake and was only going to lead to where you are now.  

For me, it's damage limitation now.  I'd be looking at getting a price for the remaining work and sticking to it.  If you're happy with the work the existing contractor has done then you may wish to swallow some pride and get them to finish the job OR you can spend the time to find another contractor and hope it works out.  Sometimes work can go over budget and it doesn't mean they are ripping you off necessarily.

[Snowy79]

You're pretty much caught between a rock and a hard place. The best you can hope for is the builders care about their reputation and other foreigners in the area are looking for builders and a bad reputation could affect them, but from the experience of close friends and my ex landlord chances are they won't care.  The workers would have received their wages and many laborers are temporary here, jumping from one job to the next so I doubt they will work knowing no more money is coming in. 

Any legal avenue takes time and money which I'd hazzard would outweigh the cost of employing another company and chances are you'd end up with one or two of the same labourers.

[Dave Hounddriver]

We have other members who went through similar things but I am not sure if they want to share.  You have to decide whether to keep throwing money at them or cut your losses.  Its a tough call.  Not getting blood out of a stone comes to mind.

[jimeve]

First, have a meeting with them and the barangay captain. Probably nothing will be done about it but at least it may make you feel a bit better.

Something like that happened to me but on a smaller scale. We were having a walk-in closest built, and they kept asking for more money in advance and in the end they stopped coming. So we had e a discussion with them and the captain. They agreed to finish the work in 2 weeks time or I would file a case against him.

Of course they never turned up and I never filed a case against them. I lost about 35k it would cost more in lawyers fees, so best to kiss your money goodbye.

BTW. why did you use messenger?

[Shady]

13 hours ago, Darren_UK said:

Has anyone had this and can I case a file against them?

This victim went to the NBI

 

And this one filed a lawsuit:

Quote

 for breach of contract “Article 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost. This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone.”  - https://badbuilderscebu.blogspot.com/

 

[sonjack2847]

I feel sorry for you mate but in reality there is not a lot you can do. If you file a case they will just say I have no money. I kept money back when I had building work done and that came out ok. I did get ripped off when I had a bamboo hut built but he will never get work from me and my friends again.

[scott h]

I will try to use brit speak, but as a yank it might be off so I apologize in advance 

You are buggered mate!

10 years ago before we moved here I asked about this and was advised by members of this forum to handle workers payroll ourselves and pay weekly and for the contractor to give us a list of materials as they needed them and purchase them myself............thank goodness for the forum 

[Old55]

33 minutes ago, scott h said:

I will try to use brit speak, but as a yank it might be off so I apologize in advance 

You are buggered mate!

10 years ago before we moved here I asked about this and was advised by members of this forum to handle workers payroll ourselves and pay weekly and for the contractor to give us a list of materials as they needed them and purchase them myself............thank goodness for the forum 

This is exactly what savvy Filipinos do for the most part. My mother in law was on site when work took place and did as Scott said. She even watched as the cement was mixed!