Dispute with builderH
Discussion
We've just completed an extension and were generally very pleased with both the work and the actual builders.
Their boss is a different matter though...
On completion of the work, the quote and the final staged invoice both stated that the site would be cleared and all materials removed.
During the clearing process I asked that a pack of bricks were moved from in front of the house as they were blocking the new garage entrance where they had been for 3 months.
One of the directors split the pack and moved them to the side. At no point was there any mention of ownership or collection of the bricks ( in fact we thought we'd paid for them).We did suggest they might be useful if there was any further work as the bricks were of the same appearance as those already used.
Invoices were paid and bricks ( plus several other items of potential further use) were left behind. We did not request this but they may be useful in the future.
Six weeks later we assumed that anything left behind had been "abandoned" and used 50, leaving 340.
We've just had a bill for £360 for the pack of bricks. We're reluctant to pay and have offered that they can be collected and either we'll pay for the 50 or he can have, in addition, 80 unused blue engineering bricks in lieu, which I bought.
We are withholding payment because,
They were left behind after they were meant to have cleared the site on completion,
They split the pack making collection by the merchant impossible
No mention of ownership or collection was ever discussed
They are free to collect the bricks (infact they are in the way)
The builder has replied demanding payment and said we wanted them.
Am I being unreasonable and do you have any advice?
Incidentally the value of the total work was approximately £160000.
Their boss is a different matter though...
On completion of the work, the quote and the final staged invoice both stated that the site would be cleared and all materials removed.
During the clearing process I asked that a pack of bricks were moved from in front of the house as they were blocking the new garage entrance where they had been for 3 months.
One of the directors split the pack and moved them to the side. At no point was there any mention of ownership or collection of the bricks ( in fact we thought we'd paid for them).We did suggest they might be useful if there was any further work as the bricks were of the same appearance as those already used.
Invoices were paid and bricks ( plus several other items of potential further use) were left behind. We did not request this but they may be useful in the future.
Six weeks later we assumed that anything left behind had been "abandoned" and used 50, leaving 340.
We've just had a bill for £360 for the pack of bricks. We're reluctant to pay and have offered that they can be collected and either we'll pay for the 50 or he can have, in addition, 80 unused blue engineering bricks in lieu, which I bought.
We are withholding payment because,
They were left behind after they were meant to have cleared the site on completion,
They split the pack making collection by the merchant impossible
No mention of ownership or collection was ever discussed
They are free to collect the bricks (infact they are in the way)
The builder has replied demanding payment and said we wanted them.
Am I being unreasonable and do you have any advice?
Incidentally the value of the total work was approximately £160000.
Edited by stuartmmcfc on Wednesday 24th December 10:37
If your bill was for materials and labour then they are his bricks, and he should do with them as he wishes.
If you asked to keep them then perhaps you should pay for them unless you have already in the invoice.
Someone over-ordered.
Maybe spilt the difference and meet them halfway for an easy life?
If you asked to keep them then perhaps you should pay for them unless you have already in the invoice.
Someone over-ordered.
Maybe spilt the difference and meet them halfway for an easy life?
and we've gone off him after a few incidents.our builder left behind:
6 acro props, 300 bricks, a 6 foot steel, 6 railway sleepers and a cement mixer!
someone pinched the mixer about 3 weeks after being left, and we gave the other bits away to people who knocked and asked for them.........builder (who we got on very well with) knew they were his issue to sort and was entirely happy they all vanished without further effort from him, no way on earth (with the exception of the mixer) would we have considered those things still his after a month of being left; and neither did he.
personally i think he's in the wrong and your offer for him to collect whats left and you pay the balance is more than fair
6 acro props, 300 bricks, a 6 foot steel, 6 railway sleepers and a cement mixer!
someone pinched the mixer about 3 weeks after being left, and we gave the other bits away to people who knocked and asked for them.........builder (who we got on very well with) knew they were his issue to sort and was entirely happy they all vanished without further effort from him, no way on earth (with the exception of the mixer) would we have considered those things still his after a month of being left; and neither did he.
personally i think he's in the wrong and your offer for him to collect whats left and you pay the balance is more than fair
Are the bricks part of the original contract/ invoice?
If not, was there any communication where you offered to keep/ buy the bricks?
Bear in mind that, depending on the circumstances, by using some of the bricks it may be that you've affirmed a contract to buy them by your conduct.
Considering you've spent over a hundred grand and that you admit the bricks might come in handy, and its Christmas, why not just offer a reasonable price and buy them?
If not, was there any communication where you offered to keep/ buy the bricks?
Bear in mind that, depending on the circumstances, by using some of the bricks it may be that you've affirmed a contract to buy them by your conduct.
Considering you've spent over a hundred grand and that you admit the bricks might come in handy, and its Christmas, why not just offer a reasonable price and buy them?
After several emails back and forth today, he's confirmed theres been a "mix up" at his end and we won't be charged and he'll remove the bricks in the new year.
Tbh he's been such a prick, causing several problems for us by his actions that I dont really want to be generous to him anymore.
The 2 guys who did the majority of the work have fallen out with him, not been paid, and left to do their own jobs.
Tbh he's been such a prick, causing several problems for us by his actions that I dont really want to be generous to him anymore.
The 2 guys who did the majority of the work have fallen out with him, not been paid, and left to do their own jobs.
allergictocheese said:
Considering you've spent over a hundred grand and that you admit the bricks might come in handy, and its Christmas, why not just offer a reasonable price and buy them?
Considering the OP had given them £160k worth of work and they had left the bricks on his property for getting on 5 months and its christmas how about they just say, "sorry our mistake we will claim the remaining bricks ASAP" ?Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff