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Contract issue with Tradesman

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  • Contract issue with Tradesman

    Hi all,
    New to this.
    I engaged a landscaper to landscape my garden: Lay Indian Stone Patio, Base for a shed, Indian Stone pathway all around the shed and a Indian Stone path up the garden to the shed, and
    Raised beds to 3 sides( Landscapers advice to put in raised beds) 1 washing line pole.

    I received a Quotation for the work and had to put down a 10% deposit to secure the contract. It also stated in an email that this was non refundable and that he had the option 1 to 2 weeks before to increase the price should things change.

    My garden is waterlogged. I live in an area of Wetlands and my property was build on a Pond - obviously with the proper foundations. The builder did not put any drainage in the garden, hence water logging problem.

    When the landscaper came to look at the job, the garden was waterlogged and if you put your foot on it it sank. It had been turfed by the builder some 3 months before. The turf was in good condition.

    The landscaper was aware of the condition of the ground. He was aware that the drainage was poor, hence have a large patio installed to take away part of the garden and when the rest of the work was done it would make the lawn half the size. I asked if the condition of the ground would make any difference to the work that needed doing. He said no.

    A plan was drawn up with the garden design.

    He came 2 weeks ago to go over the design and bring samples of the stone etc. He didn't say he would need to increase the quote. The garden was still water logged.

    Last week he started the work. Right away he complained that he could not put the shed base where I wanted it to go because of the water in the ground and he would have to reverse the plan of the garden, I accepted this. He then complained that the other side of the garden was also very wet and he would have to dig down twice as far and put in more hard core base to take the slabs for the shed base and I would now have to pay extra for this.

    When he had prepared the ground for the slabs I right away said it was too small. He said it looked small but was the right size.

    His labourer laid the slabs and I said the area is too small and the wrong shape. He said I thought it was not the right size but the 'boss' said it was. I now have a base of 9ft by 9ft instead of 10ft by 12 ft. The landscaper refuses to change it as it means more digging. They then left for the day.

    That night I got a call to say a relative had sadly passed away so I wasn't at home when the landscaper came the next day. I came home to then find that he had put in one of the raised beds so close to the shed base that because the base is too small and no path, I will not be able to get between the raised bed and the shed. The raised bed is double the height as I am disabled and cannot bend down to tend it.

    He came the next day and said he wasn't going to do the other 2 raised beds as it will cost more than the quoted amount and take him too long as it is too wet and is the builders fault, not his. So he left.

    Now, bearing in mind that I had a perfectly turfed lawn albeit wet, this landscaper has left me with an awful mess as instead of using my driveway to work on, and knowing that my turf sank if you tread on it, he took all his equipment, waker plate, concrete mixer, 3 industrial wheel barrows, digging equipment etc etc, and dragged them though the turf and completely destroyed it.

    He had dug a 2 mt square hole on one side of the garden that looks like a pond as it is so deep and water filled, and has just left it.

    He did not use ply working boards or lawn matts to stand on or as I said, my driveway. He said he always used the customers garden as a builders yard so his equipment doesn't get stolen and to provide working boards would cost him a couple of hundred pounds.

    So now, I have a shed base which is too small and a shed waiting to be delivered, no washing line pole ( a more minor issue), no raised beds to 2 sides of the garden, a great water filled hole and a destroyed lawn.

    I have a small dog that now cannot go onto this muddy mess to relieve herself. I have had to go out and spent almost £100 on temp fencing to stop dog going into the mud and buy a length of artificial grass to make a toileting area on the patio.

    He sent me an invoice which he insists I pay even though he has not completed the work and destroyed my garden. I had an hours discussion today to try to get him to come back but all he had was excuses. He has now just resent this invoice.

    I am struggling to know how to deal with this. My understanding is that a Quotation- unlike an estimate, is a legal contract to do the work described for the price quoted.
    Anyone help or advise me please.
    ​​​​​​​Thanks
    Tags: None

  • #2
    Post approved.

    Comment


    • #3
      Originally posted by EXC View Post
      Post approved.
      Thank you for your help.

      Comment


      • #4
        We're going to need to see any terms that are attached to the quote if there are any?
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #5
          Originally posted by jaguarsuk View Post
          We're going to need to see any terms that are attached to the quote if there are any?
          The quote does not state any terms and conditions. It just lists the work to be done and the cost. As the quote only listed the individual jobs without any sizes, I emailed him and listed each individual job to clarify the size of the patio, size of shed base, size of raised beds, paths, material used etc so that there would be no misunderstanding. He replied affirming that my list was correct.

          This morning I have now received a further quote to rectify his mess. He wants over £2000.

          Comment


          • #6
            I received a Quotation for the work and had to put down a 10% deposit to secure the contract. It also stated in an email that this was non refundable and that he had the option 1 to 2 weeks before to increase the price should things change.
            How was this communicated?
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment


            • #7
              Originally posted by jaguarsuk View Post

              How was this communicated?
              Just by email. It wasn’t stated on the quote. I had to pay it by bank transfer.

              The Quotation was an actual business headed document.

              Comment


              • #8
                Okay as he did not make any changes within the period allowed by the terms agreed between you, he is liable to complete the work he quoted for at the cost he quoted under general contract law. Albeit you agreed a variation when you agreed to the repositioning of things in the original plan, but only a repositioning.

                He made an offer, you accepted, you both complied with the terms, the work started and you had intention to make the relationship legally binding by virtue of the fact documents (quote, email and plan) were exchanged between both parties.

                This satisfies that offer, acceptance, performance and the intention to create legally binding contract have taken place which are what determines the validity of a contract.

                He does not have the right to vary the contract unilaterally, he has to get your agreement as demonstrated by the agreement to change the plan and has no right to simply walk off the job, then send you new terms (the new quote).

                If he refuses you have the right to claim against him pursuant to the Consumer Rights Act 2015 s.49 'Service to be performed with reasonable care and skill.' The garden not being in the state as agreed and the fact he has damaged your lawn means that in his contract with you to do the work, he has not performed it with reasonable care and skill.

                If he had doubt about the quote he ought to have visited the site within the agreed time scale of the contract and sent you an amended quotation.

                The process is first you need to send him a 'Letter Before Action' setting out your position, as I have described it here and then asking him to confirm he will complete the works as quoted as well as rectify the issue with the lawn or if he is refusing.

                You need to make clear that refusal will result in you issuing a claim in the county court to recover the cost of the work to be done by another trades man.

                As a heads up you are going to need to provide the court with three quotes if you do claim to show you are truly asking for the cost of the work and you should pick the middle one in value of these quotes to be the amount claimed. You should ask the contractors to quote for each item of work the same way he did on the original quote and ask them in addition for any items he did not such as boards or cost of repair of the lawn.

                If an expert witness is needed these quotes will form the basis of a document the court will ask you to produce, but we'll cross that bridge if or when it comes.

                The other route of resolving the issue might be if he is a member of any professional bodies, they often have a dispute resolution mechanism and they are usually free.

                Another thing to check is that if you have Home or Car insurance whether there is legal expenses cover in it, if so they may pay for a solicitor to do all this for you and that'll save you a lot of time/hassle.

                Once you figure out which route you are taking and have progress, come back to let us know. We can then assist you further if you need it.
                COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                Comment


                • #9
                  Originally posted by jaguarsuk View Post
                  Okay as he did not make any changes within the period allowed by the terms agreed between you, he is liable to complete the work he quoted for at the cost he quoted under general contract law. Albeit you agreed a variation when you agreed to the repositioning of things in the original plan, but only a repositioning.

                  He made an offer, you accepted, you both complied with the terms, the work started and you had intention to make the relationship legally binding by virtue of the fact documents (quote, email and plan) were exchanged between both parties.

                  This satisfies that offer, acceptance, performance and the intention to create legally binding contract have taken place which are what determines the validity of a contract.

                  He does not have the right to vary the contract unilaterally, he has to get your agreement as demonstrated by the agreement to change the plan and has no right to simply walk of the job, then send you new terms (the new quote).

                  If he refuses you have the right to claim against him pursuant to the Consumer Rights Act 2015 s.49 'Service to be performed with reasonable care and skill.' The garden not being in the state as agreed and the fact he has damaged your lawn means that in his contract with you to do the work, he has not performed it with reasonable care and skill.

                  If he had doubt about the quote he ought to have visited the site within the agreed time scale of the contract and sent you an amended quotation.

                  The process is first you need to send him a 'Letter Before Action' setting out your position, as I have described it here and then asking him to confirm he will complete the works as quoted as well as rectify the issue with the lawn or if he is refusing.

                  You need to make clear that refusal will result in you issuing a claim in the county court to recover the cost of the work to be done by another trades man.

                  As a heads up you are going to need to provide the court with three quotes if you do claim to show you are truly asking for the cost of the work and you should pick the middle one in value of these quotes to be the amount claimed. You should ask the contractor to quote for each item of work the same way he did on the original quote and ask them in addition for any items he did not such as boards or cost of repair of the lawn.

                  If an expert witness is needed these quotes will form the basis of a document the court will ask you to produce, but we'll cross that bridge if or when it comes.

                  The other route of resolving the issue might be if he is a member of any professional bodies, they often have a dispute resolution mechanism and they are usually free.

                  Another thing to check is that if you have Home or Car insurance whether there is legal expenses cover in it, if so they may pay for a solicitor to do all this for you and that'll save you a lot of time/hassle.

                  Once you figure out which route you are taking and have progress, come back to let us know. We can then assist you further if you need it.
                  Thank you, you have helped enormously.

                  As I stated in my post, he did return a couple of weeks before he started work with the samples, the condition of the ground had not altered and he was fully aware of these conditions.

                  I do have legal cover on my house insurance but never had to use it before. I may well just write to him first and get his response.

                  I do have another contractor coming this afternoon to quote. Obviously there is always a risk that any other contractor will not want to finish someone else's work.

                  I am not sure if he is a member of any trade organisation. I contacted him via Checkatrade and I do know they have I think such a scheme, I will have to check.

                  I just needed to be clear on my legal position.

                  Comment


                  • #10
                    Originally posted by Pookie View Post

                    Thank you, you have helped enormously.

                    As I stated in my post, he did return a couple of weeks before he started work with the samples, the condition of the ground had not altered and he was fully aware of these conditions.
                    That strengthens your position legally because he cannot claim he could not have possibly foreseen the issues he would have.

                    Originally posted by Pookie View Post
                    I do have legal cover on my house insurance but never had to use it before. I may well just write to him first and get his response.
                    There's no harm in that and as long as you stick to your position as I have described even if a solicitor takes over you will not have risked it.

                    Originally posted by Pookie View Post
                    I do have another contractor coming this afternoon to quote. Obviously there is always a risk that any other contractor will not want to finish someone else's work.
                    I think they would be more likely to be concerned that their work is possibly going to cost more than the original quote and that you have already paid out to the trade man whose work they are correcting. Consequently might think it isn't worth quoting as it's unlikely they'll get the job.

                    I wouldn't tell them you are planning to potentially take him to court either.

                    Originally posted by Pookie View Post
                    I am not sure if he is a member of any trade organisation. I contacted him via Checkatrade and I do know they have I think such a scheme, I will have to check.

                    I just needed to be clear on my legal position.
                    It's always worth a check if there's a free way to resolve this.

                    We'll await an update.
                    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                    Comment

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