Landscape Gardener - frustration of contract

[Waterlogged]

Hi,
My son employed a contractor to landscape his garden. Half way through rainwater flooded the property and garden. He will have to leave the house for at least two months.
He wants to suspend work because
1. He will not be at the house to tend any new plants
2. The Insurance loss adjuster advised against installing the electrics even if not connected
Contractor is unsympathetic and has demanded second stage payment and threatening claim if work stops
Due to flooding they have no access to contract so cant say if there is a force majure clause but even so the contract has been frustrated by a weather even

A _ Can my son reasonably expect either to renegotiate an extension or terminate without penalty

B - Contractor also left tools on site - two chain saws, ground whacker, drill and batteries. He claims these were damaged by flood and wants payment. He says his insurance doesn't cover it and my sons insurer said - no way

[Pezza54]

Hi
Welcome to LB
Sorry to read about the flooding that has seriously affected landscape work in your son's garden
You stated your son is unable to access the contract
Can he ask the contractor for an emailed copy? If not, a copy posted to your address.
In the meantime, willowbrooklandscapes.co.uk have published their standard terms and conditions on the internet, which may or may not be similar
In wbl's terms and conditions Force Majeure (an event beyond the control of the parties) gets mentioned
Flooding would come under an act of god and may be a reason to justify the cancellation of the contract, but only if both parties agree that the flooding damage has prevented a substantial amount of the remainder of the work from being carried out.
However, you said your son will not be living at the house to water/feed new plants and that insurance company advised that new electrical work should not be connected.
You did not say that the flooding damage has prevented anymore substantial work from going ahead

If your son wants to cancel the contract, in my opinion, he should negotiate with the contractor. Unfortunately the contractor doesn't sound like a company that is going to be helpful. Is your son, a friend, or relative able to visit the property to attend to the plants?

Wbl's terms and conditions state that they require an extension to the contract if delays are caused by force majeure. They do not say that customer is responsible for their extra costs caused by the delay
The insurance company is right. Your son is not liable for the contractor's equipment damage caused by the flood. The contractor is responsible to ensure his plant is stored safely on site. He should have checked the weather forecast. Heavy rain/flooding may have been forecast in your son's locality

[Waterlogged]

Thanks. Ive now seen the contract and it says - Client will provide storage space for materials and equipment, not secure. There was a shed he could have used but he chose to put them under a wheel barrow. i THINK THAT THE TOOLS THING IS CLOSED BUT i WOULD EXPECT HIM TO TRY TO SNEAK IN EXTRA CHARGES. Sorry about the caps my keyboard got stuck
There is no force majeure clause.
Contract says bad weather may delay work - similar to your contract

Thanks for now