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 Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

Hi, I have worked for a client and up till now all my work

Customer Question

Hi,
I have worked for a client and up till now all my work has been highly satisfactory.
I have now started a small patio, the client is now unhappy with the work. I have offered to put it right at my own expense a few times in an email, txt and verbally.
We had a meeting a cple of weeks ago, upon arrival all my tools had been gathered up by the back door. We had a discussion I again said I have offered to put it right. They said they have no faith in me or confidence in me continuing and terminated the contract.It was clear they wanted me out of the way. I did not agree to this termination, I simply did as was asked collected tools and left the house. There are materials installed on site unpaid for by the client such as the paving and all associated with it. I had no idea or prior notice the clients intention of terminating the contract, they did not notify with a letter or email, we were just dismissed on the day. I believe them to be in breach of contract for terminating the contract without warning or giving us the chance to put it right. I contacted client saying I feel they have breached the contract on the grounds of the above. I have now had a reply asking for my proposal to put it right. We are no longer under contract and my offer was made while the contract was in place. After hearing them say they have no faith or confidence in me continuing I feel all trust and faith has been lost. They have already reneged on an handshake to pay for items beforehand and I feel unable to return after them stating they have no confidence. Where do I stand ?
Regards Paul
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
How much are you owed?
Have you invoiced them or ever given them a written quote?
Kind regards
AJ
Customer: replied 2 years ago.

Hi Aj

They had a quote,and as of yet they have paid nothing towards the labour or materials for the patio work. Materials owed is around £1000, I did say I was willing to waive the labour as they were so unsatisfied, the job is incomplete as they just dismissed me on the day. They wanted me gone as they had cleared all my tools from their shed. I made the offer to rectify and they chose to ignore it. :)

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Did you make your offer to them in writing?
I will prepare a response, but this may take me some time so please do not be concerned if you do not hear from me right away. I will respond by this afternoon at the latest.
Kind regards
AJ
Customer: replied 2 years ago.

Hi,

My offer was made verbally on the phone, I also have a copy of my offer which was txted to the client on file also and again offer was mentioned at the meeting, they never discussed it or even responded to my txt regarding it on the day the offer was made. I would not normally use a txt in this way but the client had been txting me all morning and so I sent a really well mannered genuine offer to rectify at my own cost to put them at ease. As stated they have paid me nothing so far for the patio work for labour or materials. And they provided me with no letter, txt or email stating notice of terminating contract. They said they have no faith or confidence in me at all, bearing in mind they have been over the moon with the fence and raised garden I installed for which they paid. I feel I can not now go back after them saying they have no confidence. I now do not trust them as a client Aj...

Expert:  Alex J. replied 2 years ago.
Thank you.
I will revert to you as soon as possible.
Kind regards
AJ
Customer: replied 2 years ago.

Hi AJ,

Just to confirm I had sent a letter via email confirming I had offered to put it right, but this of course was after the termination, but in theory yes I did send it it writing then, no specifics, but saying I would put it right at my own expense.

Paul

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you very much.
I presume you did not receive a response to this?
Kind regards
AJ
Customer: replied 2 years ago.

I had no response from them at all regarding my offer, my initial offer was made whilst still in contract via txt no response to it, turned up to the meeting reminded them of my offer again they did not enter talks about it, he said they had no faith in me and said they are terminating the contract. I simply reminded them in my email I had offered to put it right and felt unjust being dismissed not being given the chance to do so, or offered the chance to do so or them even mentioning my offer. Now they want to consider my offer, for me it has passed that stage as I can no longer work for them after they saying they have no faith. They have paid nothing so far for the work they are unhappy with. :)

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
My apologies but can you confirm, did you ever actually provide them with an invoice?
Kind regards
AJ
Customer: replied 2 years ago.

They have not been invoiced for the work they are not happy with as of yet. I was dismissed and they terminated the contract before I had chance to finish the job let alone put it right.

Customer: replied 2 years ago.

Hi AJ

Have you given this any thought

Regards

Paul

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I have considered this and ultimately your position is the following:
1. You do not want to work for them anymore;
2.They have terminated your contract;
3. You purchased materials and done work on their behalf.
The first point to consider is that you will not be able to charge them for the materials and the work in progress, until you have provided them with an invoice. Once you have done this you are well within your rights to pursue them for payment within the county court.
Secondly from their perspective (even though they probably do not realise it), their claim against you is under the Supply of Goods and Services Act 1982 failure to provide the service with reasonable care and skill. I am telling you this because, if they were to sue you this is what they would claim for. You should therefore keep records to demonstrate that you only use the highest professional standards.
Thirdly what are your options:
(i) You invoice them for the work done, treat the contract as terminated and sue them to recover your debt - https://www.moneyclaim.gov.uk/web/mcol/welcome - you can start a money claim here. If you are going to do this, you must follow up in writing and confirm that they terminated the contract and refer to the date on which they did it. You also must give them an opportunity to pay your invoice on your standard payment terms. The risk of doing this is that they pursue you or make a complaint to Trading Standards (unfounded or not);
(ii) You agree to try and repair their complaint. If you are going to do this, then I would insist that everything is agreed in writing pertaining to:
- What you are going to do;
- What it costs;
- How long it might take;
- And any material must be paid up front.
If you are going to do this, then make the offer to do so in writing first. Make sure it is explained as an attempt to solve the situation as amicably as possible.
Are there any aspects of this you would like to discuss?
Kind regards
AJ
Customer: replied 2 years ago.

Hi AJ,

Thanks for this info

I am not willing to return to work for them at all. What are my implications if I just walk away bearing in mind they terminated the contract with no prior notice or in writing, are they in breach? Can I walk away now? Can I claim for materials with no further implications to myself. Basically and to be quite honest I would need to know if I can simply write to them stating I am not happy to work any further considering the lack of faith they have in me, and case closed, I am prepared to walk away letting them keep the materials even if they want them or not, its not been paid for by them at all none of it. Am I free to walk away as it stands.?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
You are entitled to walk away as they terminated the contract. If you are going to do this, then you must put in writing the fact that they terminated the agreement on "X Date".
If you want to pursue them for the materials then you must provide them with an invoice to do so. Obviously this is far more likely to cause a dispute for obvious reason, than if you just gift them the materials.
Finally I cannot guarantee you they wont cause a complaint. Ultimately if they want to complain to you it is their prerogative (regardless of whether it is unfounded).
Personally if I were in your situation, I think I would certainly try and get paid for the materials.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you AJ

Expert:  Alex J. replied 2 years ago.
No problem.
I wish you the best of luck.
If i can be of any further assistance, please do not hesitate to contact me.
Kind regards
AJ
Customer: replied 2 years ago.

Are you saying they are in breach of contract up to this point?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
No they are not in breach of contract, because they have terminated, which in the absence of any written terms they are entitled to do.
They will be in breach if you invoice them for materials they agreed to pay for and then refuse to pay.
Kind regards
AJ
Customer: replied 2 years ago.

Last question I promise

I can try and claim for the materials can I then walk away if they do pay for them end of. My offer to put right was made while we were all still in contract, with them lets say ignoring this to a point, am I now not obliged to do this considering the comments that they have no faith in me anymore.

I really want the easiest and best solution, they are not great people to work for and have caused me aggro no end from the start. They have took advantage of my good nature. Do I have to go back and put right with them now terminating the contract as my offer was made while still in contract. I really just want them off my back the best and easiest way.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
No problem.
1. They have terminated the contract, you are therefore not obliged to do any more work. However if your work was of standard that breached the implied condition under the Supply of Goods and Services Act 1982 that it should be of reasonable care and skill, then you may wish to remedy their complaint on the basis that they may have a claim. If you are confident that there is no issue with the work then you really need to take no further action. I would also bare in mind that they have not actually paid you so, if they want to bring a claim against you they would have to admit you did work for which they owe you money.
2.Obviously the easiest thing is to just agree to walk away. If you are happy on this occasion to write off the materials then so be it. Remember for the future get all quotes and specifications in writing, payment for materials in advance and consider putting in place standard terms of business that say you are entitled to all work in progress to be paid for if the customer terminates.
King regards
AJ

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
< Previous | 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