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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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UK - England and Wales I have commissioned a landscaper to

Customer Question

UK - England and Wales
I have commissioned a landscaper to excavate 100 sqm of soil, lay compacted hardcore and sand within perimeters of timber batons and lay on top artificial grass (supplied by me) to run LEVEL with EXISTING patio. Also to erect new fencing.
The total job came to £7,700. (excluding cost of grass supplied by me) with a statement of work (contracts with stipulation of staged payments once happy as follows: 1 - £900, 2 - £1,600, 3 - £2000, 4 -3,300 & Goodwill of £600 verbally agreed if all goes well and PCR for any additional work)
Half way through the job he approached me saying that wastage disposal would cost an extra £600 and If I wouldn't pay it, he would walk away from the job. I've agreed as a gesture of a goodwill VERBALLY and unhappily if all goes well.
On 7th of August work begun and today 21/08/2016 work was finished.
I've noticed three main problems with the job as follows:
1) The sand had sunk as not enough was used and not compacted properly, causing grass to dip. Contractor agreed to remedy. Cost of correction@ £6002) The level of grass isn't level with patio, in fact it's much higher (5 cm) at sharp edge causing health & safety hazard and contrary to the contract. His response was that I saw it on two occasions and didn't object, of course I was under assumptions that it is work in progress and we'd only had clear communication today. He said that it's costly to relay and there are few options, but he made a decision former option would grass uneven.3) He stated in the contract that he would match bricks when rebuilding wall he had to demolish to access products , instead he used large concrete stones.Bottom Line, I want to withhold £3,800 (final stage) and give him a reasonable time (how long?) to rectify above points. He is a LTD company without insurance and no assets, so If I pay him I don't think I would ever see my money again. Looking for advice and options
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 months ago.
Tomorrow another builder is coming to give a quote to rectify this. Another point about the levelling to the patio: the patio slightly slopes inwards which he saw in the first place and still said that he will level to the patio as we wanted as we have little kids and this is the objective of this landscaping exercize.
Additionally, I want to retract on my goodwill offer of £600.00 as contractor was rude and brushed under the carpet important points
Customer: replied 10 months ago.
I think we can start with messaging then proceed to phonecall if required
Expert:  Ash replied 10 months ago.

Hello my name is ***** ***** I will help you.

What is it you would like to Know about this today please?

Customer: replied 10 months ago.
Hi, Ash
Did you have a look at my detailed question above?
Many thanks
Expert:  Ash replied 10 months ago.

Yes, but you haven't asked a question!

Note, it may be the morning when I reply

Customer: replied 10 months ago.
I would like to withhold the funds until the work is completed, so I would like to know my options etc
Expert:  Ash replied 10 months ago.

Then looking at the documents you have sent you are entitled to.

In any event it is quite proper not to pay full amount until the work is done - otherwise how would you know the builder will actually do it or make a proper job.

Under the Consumer Rights Act 2015 you are entitled to work to be done with all reasonable skill and care.

So yes, you can keep payments until the work is completed and to a proper standard

Can I clarify anything for you about this today please?

Customer: replied 10 months ago.
Hi Ash, are you available?
Expert:  Ash replied 10 months ago.

What would you like help with today please?

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