Gardening & Landscaping

Contract terminated, can I keep builders tools until recompensed for damages?

Anonymous user 28/02/2024 - 3.09 PM

I recently terminated my contract with a builder who was laying a patio for me. He had provided a quotation stating that the labour cost was 30 man days which sounded reasonable for a 50sq metre patio with some steps. After 35+ days the job was only half finished with a catalog of excuses which I won't bother listing here. I requested a definitive number of days to complete the job which he would not confirm. I have been paying for labour whilst the project has progressed and advanced monies to cover materials. I held back 25% of the outstanding labour amount as I wanted him to return to finish the work. We hit a stalemate as he wanted his money and I wanted him to finish the job. As it was obvious he would not finish the work and I wasn't happy with the work he had done, I terminated our agreement. The builder is currently holding a balance from the money I advanced him for the materials. He has broken a window and wheelbarrow. I am going to have to pay to have his shoddy work rectified (example - he laid the slate flag stones before ordering a recessed drain cover, so the tiles all now have to be removed and relaid after the drain cover is installed). The builder has left some tools in my garage. Am I within my rights to keep these tools until he refunds my materials money, recompenses me for the damages and also compensates me for the rectification of his poor workmanship? Regards