Do you have to pay for sub standard work?

Voyager2002

Idiophreak wrote: »

So you
a) Agreed for someone to do the work without seeing their previous work
b) Discovered it was more expensive than you wanted, but went ahead anyway
c) Were disappointed that the work didn't measure up to your expectations
d) Refused to pay as paying the price you agreed to pay is apparently him "overcharging" you.
e) Started a thread on MSE
f) Lash out at anyone that dares offer you advice that isn't "he's a horrible man, you don't need to pay"...I don't see anything "rude" at all in the responses you received. Turning around and calling people (who are trying to help you) "rude", however, is certainly rude.

Another point: it sounds as if this was a business-to-business deal, and there are differences between the law governing this kind of deal from standard consumer law. If you are running a business then advice you get here might turn out to be inappropriate for your situation.

Hintza

Back to your original question "What do you think of my chances?" based on your reaction, demeanour etc on here which I imagine you will replicate in court, you have no chance.

There you go nothing rude or nasty about my reply just straight between the eyes!

CoolHotCold

If it's a art piece then quality varies and if you commissioned him to paint a picture or draw something then it's your responsibility as not all artists have the same style, one mans trash is another's DiVincci.

Taking you'r leaking tap into the equation, I don't pay a plumber to not fix a tap, I commission a plumber to fix the tap, or at the very least pay to diagnose a fault.

markelock

mattyprice4004 wrote: »

Don't be a tit, people are just trying to help.

quality

ILW

In what way is the work sub standard?

Hintza

ILW wrote: »

In what way is the work sub standard?

I suspect it's their wedding photos (from previous posts)

shocky_2

When someone provides a service, the Supply of Goods and Services Act 1982 which requires the use of reasonable care and skill, and use of materials of a reasonable quality. Without knowing the details it sounds like this company would be in breach of that.

However, you still have to pay them. What you do is deduct a reasonable amount to reflect the difference between what you got and what you should have got (or the cost of putting it right). For example, if the work cost £1000 and it would cost you £200 to get someone else to put it right, pay them £800.

If the problems can be put right, you could try sending them evidence of the defects with an explanation that you will only pay in part because they are in breach of contract. Make sure you get them to agree that this amount is in full and final settlement of their claims before you pay any money.

Its very difficult to say whether you would win in small claims court because you haven't given us any specific details. In any event, you need to make sure that you file all your documents in good time and that the nature of the defects is clearly set out in your defence, preferably with supporting evidence like photos.

mattyprice4004

star2sparkle wrote: »

Mattyprice ?? I reiterate...you would pay for a tap that drips that still drips just because he tried? Why are you guys so rude?! And it is rude the way you are replying. This guy has bullied me because I didn't like his work and overcharged me. So I should just pay him?! !!!!!!?! Normally this site is good, with constructive replies, not replies like this. What do you mean, awful thing to do? Shame on me? Do you just come on here to be horrible to people?

You should pay him what you feel is appropriate - if he's paid out for materials etc it is unfair to leave him with nothing in return.

Shame on you for leaving him out of pocket, and it's awful because yes, you may not want to pay the whole amount, but to pay nothing isn't right.

If you're after being mothered and told you're in the right, this isn't the right website for you. Try Mumsnet. This site is for facts, and the fact is you're probably going to get a nasty surprise in court by offering nothing.

I'll ignore the rest of your reply - I come on here to offer advice, and you're attitude is so out of kilter with the rest of the world I'm not surprised the truth is a bit of a knock to your way of thinking.

ThumbRemote

mattyprice4004 wrote: »

You should pay him what you feel is appropriate - if he's paid out for materials etc it is unfair to leave him with nothing in return.

Shame on you for leaving him out of pocket, and it's awful because yes, you may not want to pay the whole amount, but to pay nothing isn't right.

Presumably though, there's a level which is so substandard that nothing is the appropriate amount to pay - irrespective of whether a workman has lost out.

To take the analogy above of a dripping tap, if you call out a plumber who leaves the tap still dripping, it's not your fault if they've bought and fitted some copper pipes. Even more so if you still have to pay out the full amount to another plumber to do the job properly.

(Note, I am making no comment on the OPs specific situation here, as we don't know how bad the work was).

ILW

ThumbRemote wrote: »

Presumably though, there's a level which is so substandard that nothing is the appropriate amount to pay - irrespective of whether a workman has lost out.

To take the analogy above of a dripping tap, if you call out a plumber who leaves the tap still dripping, it's not your fault if they've bought and fitted some copper pipes. Even more so if you still have to pay out the full amount to another plumber to do the job properly.

(Note, I am making no comment on the OPs specific situation here, as we don't know how bad the work was).

That would be for a court to decide.

All depends on how confident OP is in their judgement.