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 Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Self employed tradesman. 1st time ever left an ensuite Installation

Resolved Question:

Self employed tradesman. 1st time ever left an ensuite Installation due to customer picking constantly over minor points of build e.g small bow in coving, screw can be seen on wood etc). This was a new ensuite constructed in the corner of a bedroom - even building control commented on the excellent standard! I suggested they obtain an alternative tradesman who would finish the job to their exacting standards ( they rejected 6 shower trays, and delayed my work by 1 week - along with £1500 of extras in time and materials I did not charge for as good will gesture).
Original contract was £9,000 - customer paid £6,000 interim amount. I have now invoiced for a remaining balance of £1,750 to cover labour and materials to bring me upto the date I left and allowed a £1,250 balance for them to obtain an alternative tradesman to finish works (5 days at £200 a day and £250 materials). Customer now wants to withhold paying the £1750 balance until they get alternative quotes and work completed - they state that any additional amount charged by the tradesman over my proposed £1250 allowance will be deducted from the £1750 - surely this does not form part of the original contract as they are appointing a new tradesman and accepting their pricing? Any advice grateful whether to pursue via small claims court ( customer constantly asked for money reductions throughout the process).
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Do you have any written contract with the customer please?Alex
Customer: replied 1 year ago.
Hi Alex - copy of original and accepted quotation attached. Payment terms says 2 interim payments of £3000 which they paid and balance on completion ( £3000 outstanding as I also agreed verbally with them and they accepted me to complete £200 works to strengthen joist on their floor - this is why the requested balance is now £3,000 rather than the £2,800 on the quote), of which I requested £1750 and remaining £1250 for them to complete works) - Copy of interim invoice also attached. Hope that helps, thanks Mark
Expert:  Ash replied 1 year ago.
Were you contracted to complete the entire works?
Customer: replied 1 year ago.
I quoted to build and install a new ensuite as per the quote specification. This is the only exchange of paperwork other than an acceptance email from the customer. I subcontracted some electrical works but otherwise I was due to complete myself.
Expert:  Ash replied 1 year ago.
Why is the customer then getting someone else in to finish the job?
Customer: replied 1 year ago.
Almost every other day (for a month) the customer picked faults with tiny 'nit picking faults',most of which were still in construction and not finished stage. They have been angling constantly to reduce money from quotation stage - the moaing was obviously a ploy to reduce the final payment! Building Control visited the premises and said the build was of excellent standard - so I suggested the customer find an alternative tradesman to finish off the last 10% of the build. They said, if I was to continue and finish the job then I should work after 9am and leave before 4.30pm so I did not see them - an unacceptable working environment.
Expert:  Ash replied 1 year ago.
Ok then it's bad news. The customer is right. You have contracted to complete the job and you should. If you do not then the customer is entitled to get someone else to do it.If that turns out to be cheaper than the £1250 then you are owed the balance. If it is more than the £1250 then you would owe the customer money.That is why the customer is holding onto more. The whole point of the contract is to complete what is agreed. But the customer can't profit from non compliance with the contract, so overall the cost to the customer would be the same.So if the customer is holding into more, they can but only until the work is completed and they will owe you the balance of its less than that.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for your help - think I need some more robust terms and conditions for future! Not sure the customer would honestly disclose the amount of works completed and any monies due - so total loss of £3000.Appreciate your help.

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.co.uk/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.co.uk/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.co.uk/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.co.uk/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.co.uk/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.co.uk/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.co.uk/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