Plumber Problem

ishanvi

New Member
Mar 24, 2013
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0
Hi,

I was wondering if someone with more experience re: plumbers could give us some advice please.

Back in January/February, my fiancée and I arranged for a plumber (something neither of us have ever had to do) to come and completely renovate our bathroom in March (ie: over 4 weeks notice). We arranged a price, and the job start/finish time by email (inc. Word documents for the exact work details and costings), so everything is clearly mentioned. This was after we took quotes from 4 other plumbers, and checked references (which were good - though I note one did mention the plumber in question had been 1-2 days late in starting for them, but did a very good job).

We specifically booked time off work (between my fiancée and I we arranged for 3 weeks off to ensure that there was more than enough time for the job to be completed).

The plumber contacted us just before he was due to start the job last Monday (18th March) to say he had been held up with another (large) job that had taken longer than thought and had messed him around (apparently changing their minds about what they wanted here and there). He said he could not start until Monday 25th March as a result.

This obviously annoyed and upset us, but we accepted it with as good a grace as possible and have waited since.

I contacted the plumber in question today by text (Sunday 24th March) to re-confirm he was starting tomorrow, and he has just replied that because of the recent snow this weekend, he has been unable to complete the job, and needs another 2 days to finish the work and get paid. He therefore will not start until Wednesday this coming week.

As annoying as this is, is this acceptable? Or would others feel this is unprofessional and (likely) a breach of (written) contract (as we have clarification on email).

Should we be asking for compensation for our wasted leave (we couldn't go back to work at short notice as all our work had been cancelled in anticipation of us being off and couldn't be re-instated at short notice and therefore wasted our annual leave sitting at home) as money off the job, or should we be pursuing this legally?
 

trickygj

Moderator
May 31, 2010
400
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Cheshire
www.richardgjohnson.co.uk
Ishanvi

This is a contract law issue apart from the fact that it is unprofessional.

There was an offer, an acceptance, consideration and intention to create legal relations, all the ingredients for a valid contract. If the start date was expressly mentioned in the contract/ negotiations then this is a contractual obligation on his part. By not fulfilling this obligation he is in breach of contract and you could sue him for damages.

The issue is what are your damages? Are you now going to determine the contract because of his breach? If your just want to offset your damages against his work then you need to inform him of such in which case he will be unlikely to start at all I would have thought.

He is definitely in breach it would seem but you need to decide what you want from this i.e. to dispense with his services or claim damages. The latter will not be conducive to a working relationship really.

Hope this helps.
 

ishanvi

New Member
Mar 24, 2013
2
0
0
Hi trickgj,

Thanks for the reply.

The damage is the loss of annual leave taken to be home whilst work was going on (ie: otherwise we would have been at work). That is 7 days of leave we could have used for something else, so it is very frustrating.

However, the work has been completed on time, and to a decent standard, so we have decided to let it go and just chalk it up to a bad experience, as the plumber's work whilst he was with us was good, and he never gave us any trouble (quite the opposite, he was quite considerate).