The job is a complete mess! Do I still have to pay?
The work is half done – where do we go from here?
Contracts for Work and Materials often involve the incorporation of goods into other goods, property or land. Therefore you cannot simply get your money back and be put back into the same position you were in before the work started. The question is, is the contract severable? It very much depends on what you are having done and what payment plan you have agreed. Upon presentation of the finished item, can you simply say that you are not going to pay for it and you are not going to give them the opportunity to make it good? This may be a little unreasonable, but if you plan to cite a breach in contract due to an absence of reasonable care and skill, you must make it clear that you are rejecting the finished item. If you have accepted it, you may have to pay all or a portion of the price agreed in the contract.
What about work is taking place in phases? Let’s say you are having a conservatory built which involves the payment of four instalments. If after the second instalment it is clear that the work is substandard you can sever the contract at that point and ask them not to return. You can then pursue damages for monies paid and additional sums if any consequential losses have been incurred (the cost of putting right the poor workmanship). If however the builder offers to redo the work, then the reasonable response would be agree, as long as it can be done ‘in reasonable time’. But what if you have lost complete faith in the builders and do not want them back at all? This is also a reasonable response, although you would have to have good grounds to claim a loss of faith. For this reason, it is always advisable to take photos and keep a diary when having any long term building work done, so you have evidence should it ever become a dispute. Many trade bodies representing firms such as builders will offer a dispute resolution service – which is always cheaper and quicker than litigation! Therefore always choose a builder or tradesman who is accredited by a trade body, association or guild which can offer this service.
Common Complaints:
- Where the price is significantly higher than the estimate
- The job was done as a ‘foreigner’. Do I have any rights?
- How much can I claim in damages?
- Using the Small Claims Court
Comment by Ian Silver on 16 August 2008:
Hi,
We have just got rid of some appalling builders. We have paid more money than the work is worth and will end up suing in the small claims court.
We have also hung on to their cement mixer in lieu of damages.
My question is - are we entitled to do this in law?
Hoping so.
Thanks,
Ian.
Comment by Catriona on 17 August 2008:
Ian, I can totally understand why you have done this, although there is no provision for this in law - otherwise where would you draw the line!? Hang onto it unless they ask for it back, but unless they declare bankrupty you would have a good chance of getting back overpaid funds via the small claim. Regarding costs, if there is no ‘fixed cost’ clause in the contract, your rights are only to be charged at ‘reasonable cost’, but you may have to get quotes from alternative builders to find out what the definition of ‘reasonable’ is. Good luck.
Comment by Sam on 19 August 2008:
I have sacked a shoddy builder. Some items in my flat have been damaged, some of the work has been done badly and I have had to pay to put it right and complete it. I gave him some money as a deposit but not the full amount. I just wanted to draw a line under it and leave it at that because he is related to me but he is trying to put in a bill for more (part of the original quote). I don’t feel i owe him any of this money. What damages can I claim? For example he damaged the carpet in a few places (paint on one bit and tried to re-fit it after having done some work but did it badly), I have not had this replaced yet because I can’t afford to but can I use this to deduct money from the bill he is trying to put in? Another thing, how do I work out the cost of re-doing certain things i.e. he hung the wall units so they weren’t level and they had to be taken down and rehung but the invoice I have is for the work as a whole not the individual items. Also, he is putting this bill in 3 months after I terminated the contact and wrote to him to that effect, does this have any implications?
Comment by Catriona on 27 August 2008:
Sam, have a look at the proceeding section on ‘damages’, which will give you some pointers as to how much you can claim. One of the fundamenmtal aspects of a contract for work and materials is section 13 - that the supplier will carry out the service with reasonable care and skill. Failure to do so is a fundamental breach of contract and one which means you can exercise your right to terminate the contract. It would be reasonable to pay for work which has been satisfactory, but if you have had to ‘undo’ what he has done and pay additional costs to an alternative company, then why should you pay for it? You can claim damages to this effect but it may have to go through the courts if he disputes it. The time elapsed since terminating the contract to submitting his invoice has no legal implication, but would probably not be looked favourably on if tries to take you to court to get it.
Comment by Pete on 25 October 2008:
Hi, i bought a flat off plan two years ago via the st james group.One of the reasons i bought the flat was because of the high ceilings.I complete this tuesday, but one of the bedroom ceilings is so low that i cant believe they have been given sign off legally for it.You can get into the room and stand but anyone over 6.2 would pratically touch the ceiling. How do i go about reaching an solution here. Do i need to contact a solictor or a property inspector? Any help, very much appreciated.
Comment by Catriona on 7 November 2008:
Pete, I’m not sure of the tolerances for ceiling height, but if you have an NHBC warranty, you can contact the NHBC and asked to be advised on the tolerance. If your measurements are outside the allowable tolerance, the NHBC will then carry out their own inspection and request work to tbe caried out by the builder as appropriate. http://www.newbuildinspections.com offer snagging inspections prior to legal completion which will advise you on whether everything is to standard or not.
Comment by Brian hampton on 15 November 2008:
I had a tiler in last week to do my bathroom only said a couple of days- ya what a mess he has made, tiles not straight board all wonky more grount in the shower tray then on walls, then to top it all the shower trap blocked water pouring out everywhere. Thats a brief discription, the shop owner came told the tiler to fix it, he did to his standards, i’m still not satified asked the owner to get it fixed he said the tiler has spent enough time on this asked me for the payment, i said when he’s completed the job NOW he’s brought 3 guys to my home to intimidate me and said he’s going to take me to a small claim court. What should i do ??
Comment by Catriona on 19 November 2008:
Brian, You could argue breach of your statutory rights in terms of reasonable care and skill. However, it is clearly a case of your word against his. He has no right in intimidating you in this way, but having said this, try to reach an amicable solution in terms of what needs doing and what are prepared to pay. If you feel some of it is acceptable, you could offer to pay a portion of the total fee. Any small claim will take into account the views of an independent tiler (as an expert witness) who will have to be called in to inspect. Perhaps you could both agree on doing this as a first step?