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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47065
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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i have had some groundworks carried out on my farm and the

Resolved Question:

i have had some groundworks carried out on my farm and the contractor has left me a mess and is not coming back ,he left to do another job
I have nothing in writing does this confirm what i think or can i make him come back and put the job right ?
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know if you have any evidence of what was agreed? Also has he been paid for the full job?
Customer: replied 4 years ago.

no evidence on what was agreed no payment has been withheld

Expert:  Ben Jones replied 4 years ago.
When you have entered into a contract for work and materials, where the main focus is labour and skill, the law says that the work must be:
• Carried out with reasonable care and skill – i.e. to a proper standard of workmanship;
• Finished within a reasonable time (unless a specific time has been agreed); and
• Provided at a reasonable cost (unless a specific price has been agreed).

If there are problems with the standard of work, or the materials used, you will have certain rights.

If work has already started, and there has been some breach of contract by the other side, you would usually be expected to give them the opportunity to rectify the problem. However, if you can justify why they should not be given such an opportunity, for example, if work has been left in a dangerous condition or their work is obviously below-par, you could refuse to do so.

In terms of potential compensation, you may be entitled to that in the following circumstances:
• The work was not carried out with reasonable care and skill, or finished within a reasonable time;
• The contractor has been negligent in their work;
• You have accepted a repair, which turns out to be unsatisfactory;
• The services are unsafe and someone has suffered injury
• You have incurred additional expenses or suffered inconvenience because of the contractor’s breach of contract.

In order to resolve any problems that have arisen, it is generally accepted that you follow the following steps:

1. Contact the contractor and explain your problem. Ask them to finish the works and set a reasonable time limit for them to respond (usually 7-14 days).
2. If you are still dissatisfied, find out whether the contractor is a member of a trade association with a mediation service that can help resolve your complaint. If they are not, you may wish to obtain an expert opinion from an independent contractor to back up your claim.
3. If the matter is still not resolved, write to the contractor repeating your complaint and the steps you have taken. Say you are giving them a final 7 day time limit to resolve the problem or you will ask another contractor to carry out the work and you intend to recover their costs from them. Advise them that you will not hesitate to issue legal proceedings to seek compensation.
4. If the contractor makes an alternative offer, you can either accept or continue to negotiate. Be reasonable and realistic in what you will accept. You may not get an improved offer by going to court.
5. If the contractor fails to respond or refuses to resolve the problem, you can get a different contractor to complete the work and consider suing the original contractor for part of these extra costs. Remember that court is your last resort and you will need sufficient evidence to prove your claim. In particular, you will have to show that the contractor is responsible for the problem and you may have to provide expert evidence.

Finally, make sure that you send all correspondence by recorded delivery and keep copies.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47065
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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