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GJ Gardner’s asking for final payment up front on signing contract

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Mr Fred

GJ Gardner’s asking for final payment up front on signing contract??? Has anyone experienced GJ Gardner’s asking for the 10% finial completion payment the day the contract is signed. Apparently it is held in some special account which they can access but the buyer cannot. This is all despite the master builders contract saying the 10% is to be paid at completion? Its all so that if there’s a dispute at handover time they have the cash and the buyer has no bargaining power to get things fixed if there’s any issues. Anyone heard about this??
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Chris C

Hi Fred, Never heard of this before. I assume (or anyway sincerely hope) you haven’t signed anything yet. This is a good example of why it’s best to look at, and agree the terms of, the contract before giving a builder any money. Or at least only some nominal amount you’re prepared to give up if you don’t go ahead. I believe funds are sometimes held, by someone like your solicitor, so the builder has an assurance you have the money to pay, as parts of the work are completed. Which I suppose would imply that you can’t remove money from it, or it would be pointless setting up such an arrangement. But certainly not an account he can just dip into when he feels like it, even if there’s a dispute over whether the work is satisfactorily completed. The rules for when the money can be handed over would need to be very clear. I suppose an arrangement like the above would not contradict what it says in the MB contract about payment on completion.
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