How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have had some work carried out by a builder on my garden.

Customer Question

I have had some work carried out by a builder on my garden. There was never any signed contract, agreed payment plan and I have never received any formal invoices. the garden is on split levels and needed a staircase to access the second level. The builder said it would be best to use a spiral staircase. He acquired one and fitted it. When it was fitted it was clear that it would not be fit for purpose as we wanted it to be easily usable for the elderly and children. We had a concrete staircase and bannister installed instead at a cost of £7K. overall we have spent £39k. We requested that the old staircase be removed and that we would not pay for this item. The job is now finished and he is claiming for final payment including the cost of the staircase which is £2250. We are happy to pay for the cost of fitting and removal which is in the final bill but unhappy to pay for the staircase. He said he would put it on ebay and try to sell but would want recourse for any difference or the whole amount if unsold. We have never seen any evidence of what was paid for it. At present I am withholding the whole of the final bill which includes £6100 for the works carried out. he is saying he will take this to small claims court which I would be happy to do. I am happy to pay bill minus the cost of staircase. The staircase is currently stored in my garage. Do I have grounds to challenge this given we have no formal written contract, no written quotes, no formal invoices, nio evidence of purchase?

Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

HI.

Thank you for your question . My name is Jo and I will try to help with this. Just to be clear he is trying to charge you for removing the staircase?
Customer: replied 3 years ago.

No there are costs for the original fitting, and subsequent dismantling which I am happy to pay. I just want him to take the staircase away without me having to pay for someone I do not want and did not formally agree to in the first place.


 


Thank you

Expert:  Jo C. replied 3 years ago.
How much is he trying to charge to do that specific task please?
Customer: replied 3 years ago.

FOR JOMO1972



He is not asking for any funds to take it away but will not do so unless I pay for it which is £2250

Expert:  Jo C. replied 3 years ago.
Thanks.

Sorry but am I missing the point? You accept owing the whole amount? But essentially you want the work completed first which is reasonable?
Customer: replied 3 years ago.

FOR JOMO1972



The work is completed. The staircase is not required as it has been replaced by a new concrete staircase which the builder has done and I am happy to pay for this. I am not happy to pay for the original spiral staircase which he has left on my garage and is expecting me to cover the cost for. As stated he has said he will take away and then try to sell but if the amount is less than he allegedly paid for it or it does not sell then he I will be out of pocket which I am not happy as I did not formally agree to having the staircase in the first place.

Expert:  Jo C. replied 3 years ago.
Thanks

Do you know what the cost of disposal will be roughly?
Customer: replied 3 years ago.

FOR JOMO1972



The builder has his own truck so it would not cast anything to remove. The issue is who is paying the £2250 for the cost of the staircase.

Expert:  Jo C. replied 3 years ago.
It's not quite that simple I'm afraid.

The answer is simple enough. You agreed this would be done. He is liable for the cost of doing so. He may try to argue that wasn't agreed but it isn't likely to be accepted as tradesmen do generally take old goods for a client.

The question though is how it can be enforced. You can withhold the cost of removal but you cannot withhold any sum of your choosing.

You need to ascertain what the cost of doing so would be and deduct that sum from the outstanding.

He may sue. He may not. If he does you will have a very strong defence.

Can I help further?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice