he said if he payed me cash can he get it cheaper.
Thank you. There is a legal doctrine which isthat the courts will not enforce an illegal contract. It would therefore youagreed to do it cheaper to knock the VAT off for cash and so that you didn'thave to put it through your books, it makes the contract on enforceable in law.It meant that if he did not pay you, you could not take him to court!
With regard to the defective work, it is not atall unusual, as you will be aware, (I have a considerable amount of experienceof this) for leaks to happen at some later stage and leaks only happen if theinitial work is defective. It doesn't matter that you may be a plumber or ajoiner or solicitor or whatever, you are still under a duty not to cause damageeven though, an illegal contract is not covered by the terms of the Supply ofGoods and Services Act in that you are not required to carry out the job withreasonable care and skill.
However don't nail your flag to the mast of anylegal contract because it would be for the judge to decide whether this wasintended to defraud the Inland Revenue always paid cash for convenience. Thepayment of cash is not necessarily proof that it was an illegal contractbecause shops dealing cash all the time. It is unusual for £800 but I make thepoint before you start jumping up and down and thinking that you are off thehook.
Mixed in with this, to complicate the wholething, is the issue of negligence and for them to have a claim in negligencethere does not have to be a contract and whilst I believe that the house ownerpossibly has no claim in respect of defective work, they do have a claim inrespect of damage resulting from the defective work.
To be honest, from the fact that you have given,I would not be wanting to go to court. There is another reason and that is butI also wouldn't want HMRC to be looking at this if the customer decided theywanted to refer it to them because that could end up with a very expensive andfar reaching investigation.
Leaks do not happen in the ordinary course ofthings and I think this is one of those things where you are going to have tobite the bullet and fix the leak (if it has not been fixed already) and repairthe floor.
The decision is yours of course but at least now,you know the legal situation.
Does that answer the question? Can I assistfurther or answer any specific queries?
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It wasn't my work that was defective- the leak occurred in an older pipe that I was joining the renewed pipe to, so I wasn't the cause of the leak. What he is now saying 18mnths on - is that I should have renewed all the old pipe, as that is what has to be done now. I did what I was told to do with the materials he supplied me?
I never got paid the full amount we agreed anyway- so in effect- I haven't been paid for that? As it was a verbal agreement though, I had no way of proving that- so decided to just take what he gave me and cut my losses as he is of a very slippery bullying nature!
I am not trying to get out of this per se, but I have the feeling he is trying to bully me into working for nothing for him- for something I am not at all sure I am responsible for?
He got a plumber in to fix the leak,which was not on the new pipe or the joints i had fitted. He is saying that i should not have reused old pipe when rerouting under the floor but he did not want to buy more pipe,so he said use the old pipe which we had over.
The letter from him is threatening me with court action if I don't come and do the carpentry work/ tiling now needed to rebuild his bathroom, foc. he says his insurance co won't pay out for all the damage done by this leak, as they don't pay out on hidden pipes? He wants to claim on my insurance- but I am not insured, and if I was it would be as a carpenter/joiner?
He has tried to get free work out of me before as he had gone over his budget, and ended up shortchanging me for a day and a halfs work! But a he was such an awful man to work for, and trying to get him to pay was a nightmare- I cut my losses and took the cash.
All this was 18mnths ago, he text me a few months back, trying to get me to put some of this right for free, but I thought he was just trying it on as thats what he's like, and when I finished the bathroom- all was fine.
He is saying I volunteered to do the plumbing, but that is not quite the case. The plumber wasn't available for 2-3wks, and so he asked if I would be willing to do it as it was holding the job up- so I did. He has sent me pictures of fungus growing out of damp soil and through the floorboards. Apparently he has had an expert look at this and experts are saying the leak must have been there a long time for this type of fungus to grow/ Whether to believe him or not I don't know- he is not a very trustworthy man once you get to know him. He is saying this has cost him thousands including lost revenue from renting the Barns out, but I find that very questionable??
if you need any more questions please let me know
Who knows? I think he is trying to say there was, he had a report done by property preservation specialists. The report lists 2 fungii which will only grow on saturated material. This report was done in July 2013. This company seems to think the plumbing work was done 6months ago, when infact it was done the previous spring.
he has sent me a copy of the plumbers invoice for £85.00 and invoice for dehumidifier hire £349.99 which he has payed, also he was going to rent for £1800 a week, so he said in his letter he has lost £7000-£10000 in rent.
no he said in his letter that the barns were almost ready for rent when the leak was discovered.