Advice please re fencing contractor

[chesky]

Hi could i ask for some advice and peoples opinions and also just to check that i am not being unreasonable.


I collected quotes from people to replace a small area of picket fence on our driveway entrance. Booked in contractor to start 2nd week September. Last week he emailed me on the Wednesday to start the following day, i said ok, but informed him i had to be out at 10:30 taking children to dentist. He had not turned up before we left, received an email to say he was having trouble getting uprights. arrived home, and his man had ripped out our old fence and put in posts and rails to support uprights. Looked at the uprights he had they are not the ones we requested, so he went away, i gave him an upright we had from our other fence to get it to match as close as possible, he sent me an email of a stained dark one, they are supposed to be green so go natural. explained oit was to dark. Following day, arrived home and found fence 3/4 put up and itr was dark stained wood. tried to get hold of the boss, sent him email with pictures to show it was wrong, explained he couldn't speak to me today as he was in hospital. His man finished up and left. I then didn't here back so went the boss an email with photo evidence to show what was wrong with the fence
1) wrong color
2) posts are in at different heights so some parts post is above picket line some points it is below.
3) posts are not put in even distance along.


Person says he will come this week and remove it. so i asked him if he will finish the job he says no as he has lost money on it, so i have asked him he needs to make the garden secure again as i have 4 young children the youngest being 2 and next to a main road. He is now threatening to take me to court.



Any idea what i can do please?
1) can he remove fence with out re securing garden as it was secure before he started work and ripping out my old fence.
2) can he take me to court as he has completed the job substandard and not to requirement.



Thank you

[Jasandjules]

Yes he can take you to court but you will no doubt be counterclaiming for the costs incurred in fixing his mess.

[Macneil]

I think in the real world you've got all you're going to get, at least when you get it done it'll be cheaper as you've had the old fence removed for free.

[Initforthemoney]

What did it say on the quote he gave you, that you signed?

[bladebloke]

Initforthemoney said:

What did it say on the quote he gave you, that you signed?

Unless you’re asking what the quote said about colour details etc, probably an irrelevant question. This is a consumer scenario, where liability for failing to carry out services with the necessary care and skill can’t be excluded. And what makes you assume it was signed?

OP, if I were you I’d forget about having this person make the area secure. Get somebody else in to do the job you intended to carry out in the first place.

Hopefully 1st contractor wouldn’t really think of taking you to court for an unpaid bill if the attempt at the job was as bad as you believe. If he does you’ll need to arm yourself with good evidence of the shoddy workmanship, ready to justify why you didn’t let them continue (as well as how much it cost you to get somebody else to come in, of course)

Edited by bladebloke on Monday 2nd September 08:30

[chesky]

thank you,

I have not paid for the work, they completed it all and have tried to justify why posts are not equal distance due to the length of the space, some posts are in at 2.5metres some at .1.8 meters, and some at 0.4 meters.

The contractor says he will not rectify his work.

I am gong to phone consumer careline up as soon as they open, as he is talking about taking me to court.

[Jonno02]

Take loads of photos of sub-standard workmanship. That coupled with texts/emails of you stating that the fencing isn't suitable before he started will net him precisely zero if he goes to court.

[chesky]

Thank you,

I did this and sent him photos of the uprights i had already against the ones his person was putting up, also i had given his person an upright to take when he went to get fence uprights. He started the day off not being able to get uprights as his local suppliers were out of stock.

[anonymous-user]

chesky said:

thank you,
I am gong to phone consumer careline up as soon as they open, as he is talking about taking me to court.

Ahhhhh that old one. The number of times a contractor who's not done their job properly has threatened to take my business to court I've lost count of. They never do because (if the job is as bad as you say) they've never got a leg to stand on.

Wouldn't give it any more thought if I were you. Just take some photos of the substandard work and keep all records of everything to date. Then without rising to his threats, simply tell him in writing that he has 14 days to remove his posts/panels (otherwise you will dispose of) and book in someone more reputable to come and do a proper job.