Sheppz-
It’s called “smash and grab” - I couldn’t remember it’s name.
“Smash and grab is the term used to describe an adjudication seeking payment on the narrow ground that the contractual payment mechanism has produced a ‘notified sum’ and this has not been paid.”
Builder puts in a “notified sum” using the valid mechanism under the contract (whether or not the sun is actually correct) and then can get a quick claim against you if you don’t dispute it in time.
That is fine, but the ruse was to go from reasonable-ish monthly payment notifications, made direct to me the homeowner, copying the architect / contract administrator, to a notification for an absurd amount that I was deliberately not copied to. The architect correctly thought “that’s ridiculous, no one is paying it” but didn’t properly follow the method to dispute it. My memory is now hazy (/repressed) but I believe had we used JCT we would have been fucked, but the builder wasn’t familiar with RIBA, and under RIBA we weren’t fucked.
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t.o.
I was being euphemistically polite/English.
Their work was universally poor in the way you describe, in myriad different ways (wonky plug sockets, damaged bath, gas leak on the mains, not following instructions, used internal plywood outside and lied that it was marine etc.), but also their electricians got struck off the NICEIC register for having 3 x C1s on a new install (plus previous complaints from other sites), the man deducted income tax from his subbies and didn’t pay it to hmrc, so the subbies what to pay it again direct to hmrc. The police were called to the site re a fight. He tried to rip us off using a tactic that apparently would have worked under a JCT contract (we used RIBA), he lied to us throughout, and he left an open vent in an SVP behind a facade (100% deliberately) so the kitchen stank of shit until I worked out why, cut a hole in the wall and covered the vent. He left an open sewer in my kitchen.
End result -I find it very hard to trust tradesmen at all, and end up doing too much myself, and I’d now always use RIBA over JCT, and I wish there was a homeowners association standard contract that put the weakest party, ie the only non professional, in the strongest position.