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Plastering & Rendering

contract law about paying in instalments

Anonymous user 03/03/2024 - 3.39 PM

Hi, I paid 1/3 upfront for materals which is OK. One third of work has now been completed, but builder is asking for the second third of the payment. This means I will have paid for 2 days work with only one day completed. In the quote I accepted, for the second installment it says 'second payment as requested with labour (35%)' I can see that he thinks that he can request payment whenever he has incurred the labour costs, but I see it that I would need to have received the second 35% of the labour before paying. He has incurred higher costs on the first part of the job cos it was a two man task, but from my point of view, I have not yet received much. What do you think? Thanks to BT Roofing for kind and quick response. He's asking for the second 35% payment (the first having been paid as a deposit) when only one day of the three day job has been completed. I think the wording of the payment schedule is ambiguous, and I may be in the wrong

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2 Answers

Anonymous user

Hello Fred, I think you have miss understood the contract you signed, his asking for 1/3rd of payment when 35% of the work has been completed, this is regardless of how many days this takes. I assume he told you stage 1 would take 2 days and his done it in 1 day, but if that one day equals to 35% of the work under the contract you signed, his entitled to his next instalment as per the contract. I would advice talking with the company direct to clear up any confusion in the contract, if your still unhappy seek legal advice from a chartered legal professional who can look over the contract properly and give you a legal opinion on it. This is a civil manner and not really something a tradesperson/business can advise you on, especially when we can’t see the actual contract and the words used. Regards Frankie BT Roofing Services Limited

Answered18 August 2021

Anonymous user

This is a great answer by BT Roofing. It does sound like the materials have been paid for upfront and your happy to pay the other 1/3 after two days work has been carried out. So if the builder is happy to wait to the next day for payment then surely everybody happy. Exact timetables and percentages of works carried out can be difficult to judge inline with contracts unless they are very specific within the contact.

Answered14 September 2021