What makes a contract?
Discussion
My partner phoned an electrician to come do some work at our house.
At the house he was given extra work and followed instructions that I gave. He clearly acknowledges this in a letter.
The bill was sent to me.
I've now raised a dispute with his trade body about his work. Now I'm informed they won't deal with me as I have no contract with the electrician.
Where do I stand?
At the house he was given extra work and followed instructions that I gave. He clearly acknowledges this in a letter.
The bill was sent to me.
I've now raised a dispute with his trade body about his work. Now I'm informed they won't deal with me as I have no contract with the electrician.
Where do I stand?
IANAL but my interpretation is that this could be viewed two ways;
1) there are 2 contracts; 1st is between your partner and the electrician for the work he initially quoted for, the 2nd is between you and the electrician for the work you asked him to do and for which he did.
2) there is only 1 contract between your partner and the electrician but he accepted that you had authority to vary the contract on your partners behalf by accepting your instructions.
For there to be "a contract" there has to be an "offer" which is "accepted without amendment" for an "exchange of consideration."
It seems that you are hoping for #1 whereas he is arguing for #2, so trying to decide between the two, did the electrician send one or two invoices?
If only one he appears to have accepted that you are duly authorised to act on yoru partners behalf.
1) there are 2 contracts; 1st is between your partner and the electrician for the work he initially quoted for, the 2nd is between you and the electrician for the work you asked him to do and for which he did.
2) there is only 1 contract between your partner and the electrician but he accepted that you had authority to vary the contract on your partners behalf by accepting your instructions.
For there to be "a contract" there has to be an "offer" which is "accepted without amendment" for an "exchange of consideration."
It seems that you are hoping for #1 whereas he is arguing for #2, so trying to decide between the two, did the electrician send one or two invoices?
If only one he appears to have accepted that you are duly authorised to act on yoru partners behalf.
king hell.craigjm said:
What is the dispute?
Overcharging the amount of hours worked. He claimed for more hours than worked. After challenging him twice he then edited his invoice and claimed for less hours, but added travel time to account for the loss. The hours labour claimed is still over what he was here.Poor workmanship. The dad sent his son to do the work. He openly admitted he lost hours as he couldn't hang a mirror on his own. He couldn't work out how to wire the LED lights on the drawer and lost hours at that too. The manufacturer say it should take 15-20 minutes.
He hasn't issued the required certificate.
IANAL but I have just spent 3 days on a Commercial awareness course covering contracts among many other things.
There are 3 main types of contract - written, verbal and implied. I think your situation very much fits the implied type, i.e. you offered him further work in the form of the instructions and he accepted that offer by carrying it out and billing you for it. Nothing has to be signed, sealed and delivered to make a legally enforceable contract - you don’t sign anything when you buy your sandwiches from Tesco but that’s still an implied/verbal (depending on whether you spoke to a cashier or used self checkout) contract between you and Tesco.
This bit is guesswork on my part:
The trading body will presumably set out the standards for his work and by operating under that body any work he is contracted to carry out must be to that standard.
Therefore, I personally think you have a case. I do stress the fact that IANAL though so it might be worth talking to one.
There are 3 main types of contract - written, verbal and implied. I think your situation very much fits the implied type, i.e. you offered him further work in the form of the instructions and he accepted that offer by carrying it out and billing you for it. Nothing has to be signed, sealed and delivered to make a legally enforceable contract - you don’t sign anything when you buy your sandwiches from Tesco but that’s still an implied/verbal (depending on whether you spoke to a cashier or used self checkout) contract between you and Tesco.
This bit is guesswork on my part:
The trading body will presumably set out the standards for his work and by operating under that body any work he is contracted to carry out must be to that standard.
Therefore, I personally think you have a case. I do stress the fact that IANAL though so it might be worth talking to one.
Driver101 said:
I've now raised a dispute with his trade body about his work. Now I'm informed they won't deal with me as I have no contract with the electrician.
Where do I stand?
Click here.Where do I stand?
4x4Tyke said:
Classic fob off, you need to remember that Trade bodies are not there for the customers benefit, they are there for the tradesman's benefit. The electrician is their customer, not you.
Small claims and/or review sites.
My email today proves you are 100% correct. A total fob off. Small claims and/or review sites.
A pile of very weak excuses.
Driver101 said:
Overcharging the amount of hours worked. He claimed for more hours than worked. After challenging him twice he then edited his invoice and claimed for less hours, but added travel time to account for the loss. The hours labour claimed is still over what he was here.
Poor workmanship. The dad sent his son to do the work. He openly admitted he lost hours as he couldn't hang a mirror on his own. He couldn't work out how to wire the LED lights on the drawer and lost hours at that too. The manufacturer say it should take 15-20 minutes.
He hasn't issued the required certificate.
The fact that he issued an invoice seems suggestive that he accepts a contract existed - otherwise why would he.Poor workmanship. The dad sent his son to do the work. He openly admitted he lost hours as he couldn't hang a mirror on his own. He couldn't work out how to wire the LED lights on the drawer and lost hours at that too. The manufacturer say it should take 15-20 minutes.
He hasn't issued the required certificate.
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