Tradesman dispute
Discussion
HQ2 said:
I put 3 velux windows in a roof in a day for my father-in-law. He gave me £100!! I was home before the kids finished school, so not the end of the world but looks like I should be in for close to £1500!
Never do business for friends of family, unless you want the risk of pain...Vaud said:
How is that relevant? The work has been done.
Because if he refuses to pay the tradesman might just sue him. It's unlikely, but if he does, he will be required to pay a reasonable price for the work done.BUT it also enables him to actually decide how much to offer i.e. what is a reasonable price for the work done. He can then make an offer and say he has quotes of these prices so taking the average it is this....
Breadvan72 said:
At common law, you would be right, but common law in this field has been abrogated by the 2013 Regulations.
Yes but to seek to rely upon the regulations would result in a large hole in the roof. Along with the tradesman informing everyone he knows that she doesn't pay up. She may then have difficulty finding someone else to do the work, and after all that they might end up quoting £400 or even more......Far easier to find out a fair price and offer it IMHO.
LeftmostAardvark said:
Hello,
I've walked in from work today into a bit of a SNAFU. My retired mum has asked a roofer (recommended by a local supplier), to fit a skylight and he quoted her verbally 'a couple of hundred'.
Roofing rates in South Cambs are £120-180/day. The higher end is for those that can do decent leadwork.I've walked in from work today into a bit of a SNAFU. My retired mum has asked a roofer (recommended by a local supplier), to fit a skylight and he quoted her verbally 'a couple of hundred'.
If it just takes a day, a "couple of hundred" would be more than fair.
If there were any consumable required for the jobs, that costs extra.
LeftmostAardvark said:
s - £490 is not 'a couple of hundred', so I'd like to know the best way forward - my first thought is to pay the supplier directly for the physical skylight and sending a 'final offer of £250, or I'll see you in court letter' to the roofer.
Am I right to do this, and how best should I go about it?
In a stand off like this, I've found you are much better off letting the other party do the work and realise that they've cut themselves off the rope to hang themselves with, and give them the opportunity to put the rope down.Am I right to do this, and how best should I go about it?
I would write to him, outlining the oral quote given, and outline the number of times it was asked what the final quote might be, and how the final quote being 2 1/2 times what was initially quoted it was unfair that he did not answer the questions about the cost directly.
Then, warn him, before you get further advice on this matter, give him the chance to reduce the bill, or for the written reasons why the cost was 2 1/2 times more than quoted, why he did not update the client on this, especially when asked.
There's a 90% chance he will modify his bill immediately which will either be acceptable, or, at least open the door to negotiation.
He's on a hiding to nothing, as he'll realise the other option is that he'll have to state in writing why he was not totally upfront, with the knowledge that it may be passed to a solicitor and the knowledge in the meantime of the dispute he's not being paid a penny and the suppliers bill is outstanding.
I would also be pretty miffed if I was told 'couple of hundred' then found out that quote was actually 2.5 times that.
Admittedly I would have asked outright, and stopped him from proceeding had there been any vageness, but even still you like to think you can take a man on his word.
Tradesman and single elderly women though....
Admittedly I would have asked outright, and stopped him from proceeding had there been any vageness, but even still you like to think you can take a man on his word.
Tradesman and single elderly women though....
Edited by Andehh on Thursday 23 October 15:13
I would pay.
Who agrees for works to start with a verbal of "a couple of hundred" for a quote...
Crazy....
Pay up. forget it and learn that everything needs to be in writing. You cant go to court and say " he said only a couple of hundred pounds..."
The only thing you can do is get another guy in to quote and see how big the difference is or if there is any in it at all
Who agrees for works to start with a verbal of "a couple of hundred" for a quote...
Crazy....
Pay up. forget it and learn that everything needs to be in writing. You cant go to court and say " he said only a couple of hundred pounds..."
The only thing you can do is get another guy in to quote and see how big the difference is or if there is any in it at all
Too Late said:
I would pay.
Who agrees for works to start with a verbal of "a couple of hundred" for a quote... Crazy.... Pay up. forget it and learn that everything needs to be in writing. You cant go to court and say " he said only a couple of hundred pounds..." The only thing you can do is get another guy in to quote and see how big the difference is or if there is any in it at all
So what you are suggesting is that because you failed to protect yourself at the quotation stage, you should roll over at the payment/dispute stage. That's like cutting off your other ear to spite your face.Who agrees for works to start with a verbal of "a couple of hundred" for a quote... Crazy.... Pay up. forget it and learn that everything needs to be in writing. You cant go to court and say " he said only a couple of hundred pounds..." The only thing you can do is get another guy in to quote and see how big the difference is or if there is any in it at all
My angle of attack wouldn't be the right of cancellation because that would leave you with the hassle of getting someone new in to make the work good (assuming he took you up on that). I'd prefer to approach it on the basis that there was no contract formed that allowed a charge of £490, based on s.15 (1) of the Sale of Goods and Services Act 1982:
[quote]15 Implied term about consideration.
(1) Where, under a contract for the supply of a service, the consideration for the service is not determined by the contract, left to be determined in a manner agreed by the contract or determined by the course of dealing between the parties, there is an implied term that the party contracting with the supplier will pay a reasonable charge.
(2) What is a reasonable charge is a question of fact.
Of course not everyone has the stomach for it, but there is a very winnable legal case here (assuming this guy even wants to go to the trouble).
CYMR0 said:
Assuming that 'a couple of hundred' is a realistic estimate, I wouldn't even be suggesting that this was setting a price of £200 but that it was either not determined or left to be determined in all the circumstances and, given the absence of any unusual circumstances, a market rate of perhaps £150/day (as given above) would be reasonable plus a fair and reasonable price for materials. If he didn't like that, he could sue me... it's a small claim, so there are no costs consequences, and a CCJ won't be for more than the amount currently being sought, even allowing for court fees, and if satisfied within 28 days won't affect a credit rating.
Of course not everyone has the stomach for it, but there is a very winnable legal case here (assuming this guy even wants to go to the trouble).
All i am saying is the OP and his mother have got themselves in a sticky situation by themselves not having anything in writing. Of course not everyone has the stomach for it, but there is a very winnable legal case here (assuming this guy even wants to go to the trouble).
To gauge whether or not hes ripping you off get another quote from someone else and see the difference.
Andehh said:
Tradesman and single elderly women though....
I know you said she doesn't have much money, but most old people seem to have stupid amounts of money sitting in the bank.Having said that, when we organised add jobs for old lady we kept an eye on, I often felt people undercharged.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff