Builder took his ball back. Urgent advice needed!

ConfusedTech

I have a recent incident that I would appreciate comments on...
A builder is building for a client of mine. We have a contract, drawings spec etc. Builders quoted and were too high, so we requested that they look at the prices again. Builder comes in with very low price and wins contract.
Long story short. The builder added significant extras to the project, and ignored the items that he did not do, which when reviewed cancelled each other out costwise. Client has agreed to pay approx 10% extra to appease the builder but builder threw a tantrum, advised that he would go to site and remove items and pull down extension. Was advised not to and told not to go to site, but still went ahead broke into the site and removed all of the decking. Police where called etc.

The build is not complete yet, and the last payment plus 10% was to be paid to him next week.

My question is, what is the legal stance on this action? Can the builder do this? Are there any other relevant issues here? Professionally I would think that as per contract we go to mediation and resolve it, but he was advised by his solicitor that he is entitled to do this. I firmly disagree. Any ideas?

Builderfromhell

My understanding of forum guidelines is that it is unwise to offer legal advise on any matter.
In any event this case is too serious and you need expert legal advice from a solicitor.
best of luck

DOCARCH

If the builder is building under a standard contract and the job has not yet reached practical completion then the builder technically is still in possession of the site. Again, technically, you should be asking permission to go onto the site.

The solicitor is probably technically correct.

The only way you can be rid of the builder is by determining the contract follwoing the terms and conditions set out in the contract.

P.S. sorry about all the italics!

ConfusedTech

Builderfromhell, appreciate your comment. I wasnt looking for legal advice to be honest, as I believe that I know what legally and technically is correct and have access to legal advise tomorrow. I really wanted to draw out some comments on the situation, and promise I wont act legally on them! I was just shocked with the incident and wanted to know if anybody had dealt with something similar. I noted in some other posts on this and other sites that sometimes what you believe and are told legally may not always be the be all and end all!

smashey

ConfusedTech,

I appreciate your problem but we can't allow anything of a legal nature to run here.

Locked.