Plasterer confirms work via email? Is this legally binding

sanjkooner

Hi,

We got a few quotes for a plasterer to do work on our house, after much communication via email with one plasterer we decided to go with him where i gave him a list of work that needed doing and asked if he would send a contract. He then replied with the same list i sent him and said "please confirm" at the end, with a start date.

I replied with yes this is correct thinking this was all information to go in the contract for us to sign and then him to sign. However, we didn't receive any such document.

Unfortunately, we've had to cancel the job due to some personal issues which we can't change. We emailed him as we hadn't recieved a contract so we thought we were in our full right to cancel.

Instead we got an email back from him saying he has contacted CITB who will be investigating the issue but we could be liable to still pay him the money, as the email he sent was legally binding!!

The email never said anything about it being legally binding or that if we decide to back out now we will incur charges. We thought such information would be in the contract.

Another plasterer had sent a detailed document with the full quote and exactly what is and isn't included and what he does and does not cover

Please advice/help with where we stand

phill99

A contract does not have to be written. Nor does it have to be signed for it to be legally binding. Most contracts in day to day life are verbal and are legally binding.

Therefore the emailed confirmation would still be classed as legally binding.

sanjkooner

So even though i asked for a contract the email back asking for confirmation is legally binding?

We were told to make sure that the plasterer gives you a proper contract.

Would he also not need to tell us that this 100% commitment, if you change your mind you would incur charges.

I can't see how saying "please confirm" after i've asked for a contract is a contract between two people, where none of the cover details are listed (what we are covered for if things go wrong etc and what he is covered for if things go wrong)

I would understand if these terms etc were discussed via email/verbally as that is legally binding but if the what ifs and who will do what when is not discussed.

teneighty

How much notice did you give? Would the plasterer have had time to book another job?

I do not think the email exchange constitutes a legally binding agreement which would exclude cancellation, that would be unreasonable.

At worst he might be able to make a claim for loss and expense but doubt he would actually pursue it through legal channels.

From a moral point of view, do you think by cancelling he lost out on work elsewhere and therefore lost a few days work/money.

nickj_2

he can't be much of a tradesman if he can't cope with a cancellation and not take it in his stride , if i get anyone telling me they don't want a job done that they've booked in i just tell them not to worry and just get back to me when the time is right

booty40uk

Cant see how CITB would be involved? Correct me if im wrong someone, but are'nt they the Construction Industry Training Board?

I wouldn't worry about it personally. Cant be much of a tradesman in the first place.

I'd actually love someone to cancel on me to give me a rest!

vaio

can a contract be formed without intent by both parties?

I don't think so in which case surely

sanjkooner wrote: »

.........I replied with yes this is correct thinking this was all information to go in the contract for us to sign and then him to sign......

shows a clear intent not to enter into a contract at that time