Very poor workmanship - can I withhold payment?

[CC_london]

Hi

I have just had a new central heating system put in to a flat that didnt have any central heating at all.

The gas safe engineer did a terrible job, the pipework is untidy and covered by pipe covering that are not straight, missing bits and generally looks like a dogs dinner hanging off the wall in places. Then the boiler fits above the fridge, he fitted it too low so now the fridge cannot go back into the gap where it usually sits, it is now in the middle of the kitchen.

Can I withhold payment until he fixes all of this? He says there is nothing he can do about the boiler size but he ordered it not me so he should have checked it would fit before ordering it, am I right? Who should cover the cost of trying to get it sent back and order a new one that will fit better?

I dont know if its better to cut my losses with this guy, refuse payment and get someone else to do the work or to with hold payment until this guy sorts it all out.

Any recommendations?

 

[Tony]

If you withhold payment it puts you in breach of contract, unless you agreed a retention with a snagging clause.

You should pay him, give him the opportunity to put it right. If he doesn't you can get someone else to do it and sue him for the cost.

Have you contacted Gas Safe?

Tony

 

[CC_london]

Hi Tony

Many thanks for your reply.

I thought that I could with hold payment based on the guide I found on this site which stated:

1. Reasonable care and skill

As you are buying the services of a trained professional, there is the assumption that the builder or tradesman will act with ‘reasonable care and skill’. If he does not, you can claim a breach of your statutory rights and be entitled to terminate the contract and either pay nothing further or seek to get your money back through the courts. Where substandard work has been carried out, you may well have incurred greater potential costs to have the work put right, so it is not enough simply to ask for your money back. In such circumstances, it may be more appropriate to pursue a claim for damages. Remember that where the cost of the work is over £100 and you are able to pay by credit card, you would be well advised to do so. This would make the credit card company equally liable where you were not able to recover your costs from the builder.

The job I posted to find the builder stated "Make good any damage to floor, walls, paintwork, etc as result of installation" and "Tenants to remain in flat while work is going on so will need to work around them in least disruptive manner and leave the flat in neat order". The work he did is very untidy - pipework exposed and messy sealant used to plug holes in walls not plaster so its very ugly. Also the boiler is to go over the fridge but its so big that the fridge cannot fit under it anymore and is now in the middle of the kitchen.

thanks for any advice, this whole job has turned into a nightmare!

 

[Tony]

The problem is your not paying is a breach of contract and that is black and white.

However, quality is subjective. To establish whether the contractor is in breach you need the view of a third party.

One last thing, are you assuming that the fitter would know that you wanted to put your fridge under the boiler? However, obvious you think this is you can't assume that he would have considered this when fitting the new boiler.

Tony

 

[Snippa]

Yes,

you have to pay first, and then ask him to put right what has gone wrong.

If he cannot, you have full recourse to the law to chase him through the courts until he makes good as regards refunds etc. It takes time, but the law likes fairness...

 

[YAPPI]

I have a very good kitchen where I often practice my culinary skills. My family says that I'm very good at making cakes and decorating them. Where can I find vacancies for a pastry chef?

 

[GeorgeWilson]

Hey listen, this is a great idea. It's especially great that you often cook at home, so you can even make something like a portfolio to show the employer your work. Look at Jooble, I think I've seen some good jobs on this site. Anyway, I think that pastry chefs are a popular profession now, as there are many pastry shops or coffee shops.