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Am i able to offer a company £2000 less than the quote price because of bad workman ship and hassle?

to cut a long story short, quoted £8000 for imprinted concrete garden..untold problems, i held back £4000 until they put things right, still isnt right, this is over 18 months, its been dug up twice, i have been threatend by
one of the partners, am i within my rights to offer them £2000 to leave it as it is and to be over and done with, even though i have a corner which is completely different to the rest of the garden?

****Thank you all for your constructive adivise, i have contacted the company and they said they were going to come and look at it, Guess what, they didnt come!, i will keep you all updated as things happen, THANKS AGAIN ***

10 Answers from MyBuilder Driveway Pavers

Best Answer

So long as you have given the tradesmen plenty of opportunity to put right the works, which it sounds like you have, I wouldnt pay any more until;
Get the work assessed and priced to your satisfaction, by others.
Speak to your original builder, explain the cost of putting right by others.
Give them the chance, again to put right, highly unlikely.
Make sure you make it clear, that you only want to speak/liase with the partner that didnt threaten you.
Get every thing in writing.
If you have shown reasonable steps to allow them to put right the work, and they still dont comply, then make it clear that you will be getting other trades in to put right, inform them of the costs, so they know if there will be anything left in the budget to pay them, or indeed if it exceeds the budget, then you will be claiming excess from them.

I know a lot of trades here may not agree with me but, they have demonstrated that they cant do the job properly,they have tried several times and failed, but I imagine they have made a bad mistake, threatening you.

Dont pay any more money until you are satisfied, dont be intimitated by them, one answer you have had said taking to court is a hassle, it isnt, it can be done via internet, quick and easy.
On another note the builder can do the same, but given the facts and the threat of violence, I dont think they would go down this route.
I am a builder, and not a solicitor, but being in the game over 40yr I do know right from wrong.
Best of luck and let us all know how you get on.

2011-04-30T18:50:01+01:00

Answered 30th Apr 2011

Hi bluesox,
i absolutely mirror Brians' comments and advice.(B J D)

One thing i would like to add though is................
good on you! for not giving them all the money upfront which we all so often here about.

Good luck with everything.

Carl.

2011-04-30T23:25:02+01:00

Answered 30th Apr 2011

i would hold back the money and seek legal advice, if you have a written estimate take this along with you and report threat to the police

2011-04-30T13:15:01+01:00

Answered 30th Apr 2011

I would hold back the whole £4000 and follow other respondets advice but if they dont put it right I wouldnt pay them anymore and then get another firm to put it right and pay them, then see the original firm in court etc

2011-05-01T09:25:01+01:00

Answered 1st May 2011

I agree with BJD.
You have to give them the opportunity to rectify the work and allow them back on site or else they can hold you in breach of contract.
You will have to correspond via recorded letters or email to give them the ultimatum within a reasonable time budget.
If a claim is to be made be aware it will go to the small claims court ,when under 5000 pounds, which results in having to cover your own legal expenses.
Good luck

2011-05-12T10:35:02+01:00

Answered 12th May 2011

I think you should get a couple of other 'respectable driveway installers', ask them to examine the existing work, and get a price off them to put the works right. I would deduct that amount from what you owe them and enclose a copy of the invoice for the works you have had to do to put the work right. I think going for some form of compensation for hassle, just might result in a lot more hassle. I think that is probably the most sensible way to deal with the problem to effectively get what you wanted for the exact same money, and a sharp end to the hassles. Me personally, you mentioned threatened, if that was threats of violence, i would give them a single penny more. Good luck.

2011-04-30T13:15:01+01:00

Answered 30th Apr 2011

A written estimate is not worth the paper it is written on in the eyes of the law. It has to be a confirmed written price with the work set out in detail as this is the only way it could stand up in court.

Unfortunately there are bad builders out there but you are not wrong for holding back monies if the work is not done to a satisfactory standard but, and I am not accusing anyone, some people are also very very fussy as to the finished article, me included!

More often than not we find the customer is the loser and I believe if you are having problems with the concrete print now then you will certainly have problems with the quality in the future. Best option is to seek legal advice, contact trading standards and inform the police of the threat of violence.

2011-05-09T10:40:02+01:00

Answered 9th May 2011

unfortunately is always 2 sides of the story,i never heard till know for a company to leave so much money until the job is finished anyway holding money back from them it could get you in trouble specially if no contract is been made and is a verbal agreement
if is a civil agreement (verbal) then even the police will not be able to help you and you will be forced to pay all the money to the builders,even if you get a surveyor i,m positive that the work done covers the payments based on the highest rates on industry and you will have to pay for the surveyor,the best way is come to a common understanding to resolve the problem,and if you don,t have proof of threats then is pointless to call the police and how i said if is no contract made then you have to deal with the builders
regards peter

2011-05-28T23:30:02+01:00

Answered 28th May 2011

HI, im richard and i am a time served paver. i would say you are entitled to hold back at least £1000 as you are ment to get a perfect finish at the end and you havent got that, but there are lots of costs in volved in the job for the trades man i mean so i think holding that much back is not unreasonable . good luck and if theres threats involved and thay continue i would consult a solisiter and take it from there.

mr r j wills

2011-04-30T13:15:01+01:00

Answered 30th Apr 2011

Hold back all the money
They cant do the job and have shown this
Get another company in to put things right

2011-05-10T09:45:02+01:00

Answered 10th May 2011

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