Builder couldn't do job but still wants to be paid

Chrissytree

My Dad is a fabric trustee for the local chapel and was asked to get someone to fix the vicarage floor.
He got three estimate and went with one for £600. This builder wanted the materials bought ahead of time by my Dad so the total was reduced by £200 for that. Its taken since September chasing up the chosen builder to come and do the work until eventually he said he was too busy so would find someone else to recommend.
This builder came to take a look. Took up a bit of floor and said he could do it that day for £150. Apparently my Dad and the rector decided that was too cheap for the job so made it up to £200. They went ahead with that and it was all finished.
A couple of weeks later the original builder has contacted them saying they shouldn't have paid directly as he works for him and he'd like the rest of the £400 estimate. He's been getting irate about it, threatening to take them to the small claims court or write to the local paper.

There are a number of people involved like my Dad, rector, treasurer of the chapel etc.
The original quote included taking away the rubbish from the job which wasn't done by the replacement builder.

Does anyone have insight into where the chapel stands with this? I get the feeling it might turn messy. How likely would the small claims court find in favour of the builder?

prosaver

tell him he should of made it clear.
make him move the rubbish first and youll give him the 200 or go to court.
His mistake.

McKneff

The original builder did not do the work, he did not tell you before hand that the 2nd builder was working for him otherwise the second builder would not have given you a price at all.

He would be laughed out of court and lose his court costs too.

Call his bluff. I would

Chrissytree

Someone has told him if he wants to go to court to go ahead. He doesn't seem deterred.
I think the rubbish has already been dumped now.

[Deleted User]

McKneff wrote: »

Call his bluff. I would

Me too - He didn't want to do the work, but wants paying? I agree with McKneff's comments.

slashlover

Why was the original builders quote for the work more than double the second builders? £400 is huge compared to £150!

Might be worth pointing out that YOU'LL be the ones going to the paper if he goes after you. Trying to rip off a chapel isn't exactly good advertising!

Norman_Castle

Tell him you've got friends in high places.

McKneff

Norman_Castle wrote: »

Tell him you've got friends in high places.

Ha ha, nice one

thescouselander

Is there actually any contract between your dad and the original builder? It doesn't sound like it to me.

It sounds like a contract was formed between your dad and the second builder when the £200 offer was made and then accept and paid by your dad. If that's the case then it's all done - the first builder doesn't have a leg to stand on

kerri_gt

So the quote was £600, minus £200 for materials, minus £200 paid to the guy who actually did it, leaving £200 the original builder is claiming?

Sounds like the guy who did the work pulled a fast one on the original builder (whether intending to or not) and took the cash cutting out the original builder...and more importantly to him...his profit.

Has your dad reminded the original builder that he was the one who rescinded on any kind of original contract when he said he was too busy to do the job - thus leaving your dad open to use the person he then recommended, or anyone else of his choosing. Your dad could of course also mention that if the first builder is stating the original contract (verbal or written) still stood, then you will consider taking him to the small claims court for not removing the rubbish as agreed.

Chrissytree

thescouselander wrote: »

Is there actually any contract between your dad and the original builder? It doesn't sound like it to me.

It sounds like a contract was formed between your dad and the second builder when the £200 offer was made and then accept and paid by your dad. If that's the case then it's all done - the first builder doesn't have a leg to stand on

There's no contract. He gave an estimate and other than verbally giving him the job there was nothing else said. As far as we knew he was pulling out of the job so it was up for grabs again.

So the quote was £600, minus £200 for materials, minus £200 paid to the guy who actually did it, leaving £200 the original builder is claiming?
Has your dad reminded the original builder that he was the one who rescinded on any kind of original contract when he said he was too busy to do the job - thus leaving your dad open to use the person he then recommended, or anyone else of his choosing.

That's right about the costings. There was another builder they would have gone to had he not send his recommendation.

As far as I'm concerned I don't think the small claims court would side with the builder and the local paper certainly wouldn't if both sides of the story were published.