Putting up a fence - not fufilling agreement

Buffythedebtslayer

Its a bit of a story and I am not even sure this is the right board or if you are allowed to give me the advice/info I need.

All that aside, we had an agreement amongst neighbours building fences on the backs of our gardens.

the guy doing it is one of our neighbours.

We all paid 1/2 the money up front (mistake one) He built all the fences accept ours and one other neighbours(roughly a year ago)

He claimed the weather was too bad over winter and then essentially disappeared for about six months. He had lots of "problems" and explained to the neighbour that it would be done in July.

It hasn't been. My neighbour has cleared and prepared the land, holes have been dug (by the fence guy at the start)

Now he says he will do it by the end of next week (!) if we give him more money. He says due to problems he hasn't got the money we gave him.
Now ALL kinds of alarm bells are ringing here.

I don't believe for a second he will do this. He has put us off and put us off for months now.

We wanted to get some else in to do it, but because it is his land (shared boundary with us) my neighbour thinks fence bloke is unlikely to agree to someone else doing the work.

My neighbour suggests we draw up a contract (bit late but hey!)
getting him to agree a time for completion of the job/ what the money is for etc.

Essentially we are stuck and have to wait on him. even if his dishonest and generally scummy.

I just wondered if there was any one/organisation that we could go for help? or anything we should include in a contract ( i can't see it being legal as such)

Any advice suggestions experiences would be welcome.

I hate the fact we have to pay him. My neighbour is reluctant but doesn't see another way.

cheers

Buffy xxx

System

Hi Buffy, sorry no advice to offer im afraid. Sis and BIL have had something similar happen to them with another neighbour, builder delaying, work not getting done etc. And they have really had to keep on persisting. He had cashflow problems and is finally after 6 months STARTING to crack the jobss. Hope it turns out though.

Wol2

Hi Buffy

Yep..this is a cash flow prob..for your builder......he has spent your money and now csan;t afford to buy the materials to complete the job. His porblems are NOT your problems.

Here's the bottom line:

You paid him up 50% up front to do a job. He hasn;t performed such job. It doesn;t matter that he owns the land...this a a pure contractual situation. He either refunds your money (so you can get someone else to do it)....or completes the job upon which he gets paid the balance...otherwise you take him to small claims court on-line for under £5k.

You need to confirm this agreement and state how he hasn;t fulfilled it by way of a complaint in writing.... and demand your refund or the job finished by such and such a date before you submit a claim to court

There is nothing else to say....it's black and white....simples!!


However..one way round it...treat it as though you have already paid him for labour...you will buy the mateirals at trade price (as long as these are not more than the balance owing)...and he gets the remainder on completion.

Up to you/...but make sure it's all in writing

xxx

Buffythedebtslayer

thank you so mch Wol xxx

I think we are going to go with us buying the materials and him putting up the fence, I doubt he will - he goes on holiday soon(!) but we do not want to hand over any cash

thanks again will update once I get back from Weymouth xxxxxx

misgrace

Excellent idea Wol :T Marvelous innit lol, he can swan off on holiday, but cant pay for the rest of the materials, wonder where he got the money for the hols.........:rolleyes:

Buffythedebtslayer

Well the update took a little longer then i thought!

He hasn't built the fence, refused our offer of us buying the materials, still didn't build the fence.

he got some clearly old fence posts and left them in the holes and then when my neighbour went round to suggest VERY politely (good Christian guy, doesn't have a rude bone in his body) would it be ok to get some else in to build the fence he yelled at my neighbour and pushed and shoved him to get him off his land.

I am furious and wish I had been there but my neighbour for some stupid reason decided to go round on his own (we had arranged to go on Friday but instead Neighbour went on Thursday)

We wanted to get some one in to build the fence whilst the (non) fence builder is away on holiday or do it ourselves but as it is a shared boundry we are not sure if this is legal - building a fence on someone else's boundary??

Any how I want to consult a solictor on Monday to ask about this.

Until he attacked my neighbour I was quite up for being a thorn in his side and making sure he got the job done or we got our money back but now I just want the bloody fence built.

xxx

Buffythedebtslayer

I forgot to say we drew up a contract/agreement thing for him to sign and he refused. also got angry.

xx

misgrace

Thanks for the update buffy What a horrible man!!!! pity you werent there, as you could have been a witness against him, he has assulted your neighbour, I hope he reports him to the police.

Keep updated us, love to know how it pans out.

ormus

give him 28 days to complete the agreement.
if not done then take him to the smalls claims court. i assume you have some sort of proof of payment? a witness?
(proof in writing is not required, although better if you had).

Buffythedebtslayer

further developments.

Neighbour went to see him again (alone)
non fence Builder has agreed to build his fence
upon payment for that job he will build ours.

I don't actually believe this will happen at all.

He may well build the neighbour's fence (neighbour is so ridiculous that he is buying new fence posts(at extra cost) cos he doesn't like the ones the non fence builder has provided) but once he is paid I reckon he will just go on holiday - he gave the neighbour some sob story about how he couldn't afford it now

That leaves us with the problem of can we put up a fence on a shared boundary without his permission?

'Cos i have no doubt that we will end getting some one else in .

cheers for the comments btw

xxxx