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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience:  Over 5 years in practice
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Dispute on workman's work/time and money paid. I have requested

Resolved Question:

Dispute on workman's work/time and money paid.
I have requested a quote from a builder from the My builder on web side, he quoted a price of £13,500.00 then additional, to do a list of jobs. Before the works commencing he has requested me to pay him 50% of the cost, which I did at £6,750.00, he advised me he has got two weeks to complete my back garden landscape, build a patio and front drive. However weeks down the month, I have no patio, no fence, no front drive. I queried the works should be carried out at per instruction but he advised his workman not to carry out, and then they turn up 9.30 to 10.00 o clock, left 3.30 - 4.0pm.
Eventually 10 days ago, they have abandoned the works all together cannot event get hold of them, then I have no choice but texted the number I have got advised the builder I think it would be best to call for a day to deduct works carried out and refund the differences.
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 11 months ago.

job quoted

To excavate and install pipe work and soakaway in front driveway, for all front down pipes. Then to excavate approx 300mm and lay sub base for driveway,, install kerb edging with shingle French drain on outer of kerbs. Then to lay 60mm wearing course of Tarmac, with40mm topping to complete drive. To install curved steps either side of rear patio area, to lay tar and membrane at side of property to seal for infill with hardcore on rear patio. Raise up manhole cover for access and infill with approx 20ton of hardcore, and install 150mm posts for fencing on patio area. ( no patio slabs or laying included) Install pond on sand base with adequate membrane and infill sides with sand, pond to be left approx 1m out of ground. Connect in to water supply at front of property and run supply up side of property to new concrete slab by seating area, leaving 2 connections for new outside taps. Then to run power cable to same position and install 110mm underground drain into existing manhole. To install concrete slab on left hand side approx 3m by 8m, and concrete slab on right approx 2.5m by 4m, this will be laid on hardcore base. To include labour for front and rear fencing approx 22m. To supply and install all 50mm down pies in to 110mm connections, to include fitting of hoppers and correcting rear drainage leading to rear soakaway. Total £14,000 This price will include labour, materials and plant as stated above. I look forward to your Responce Many Thanks.

Customer: replied 11 months ago.

Job completed as today

1. moved fish tank

2. removed a load of soil

3. lay a soakaway

4. half finished slab

5. not commenced fence

then

left bags of soils and concrete debris in the middle of my garden

Expert:  Jo C. replied 11 months ago.
Ok. So what is your question about this ?
Customer: replied 11 months ago.

I advised my builder to deduct the works they done which is what I listed above completed job which in my opinion £2000.00 and refund £4250.00 to me.

However my builder replied to me the works they carried out over £6,000.00 and seeking further recovery against me!

Expert:  Jo C. replied 11 months ago.
Yes, I understand the facts. What do you want to know about this?
Customer: replied 11 months ago.

Ok Just to clarify my question

What is my legal standpoint as a consumer?

I obtained a quote for the job as a project, not a daily rate. If they failed to complete works according to the job specification then where do I stand and can they counter claim against me?

Expert:  Jo C. replied 11 months ago.
Are they saying you asked them to do work in addition to the quoted job?
Customer: replied 11 months ago.

No that is part of the job to prepare the entire back garden

Expert:  Jo C. replied 11 months ago.
Ok.They can claim the value of the job that has been done. They can't claim the full price though as they have not completed. A quote should be accurate within 15% unless other work was instructed. An increase within 15% would be acceptable but he cannot just randomly change the quote from an entire job to a daily rate.If he will not concede though then your only option is to sue at the small claims court. I would send him a letter before action before you do that though.Can I clarify anything for you?Jo
Customer: replied 11 months ago.

Yes, thank you, ***** ***** only thing is I have calculated the cost for him to deduct from my payment is based on what I think its worth, can I claim what I believe to be the balance back from him, and the judge will decide? Because I have to fill in the claim form.

What do I need to do in terms of his counter claim against me?

Thanks

Expert:  Jo C. replied 11 months ago.
Yes, that would be the only way to pursue this.If he counter claims you would defend it in the normal way.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
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