Small claim gardener

nem39esis

Hi, I recently had some work done to my garden with artificial grass laid etc. Guy seamed fine to begin with and almost completed the work apart from trimming the grass back and fixing to the edges, despite the odd few days where he was late or a no show I was happy with how it was looking, had paid him half as deposit upfront (bank transfer). We were due to go away for 2 weeks just as he was about to finish and we also wanted some paving done, rather than have it done when not around we asked for a quote from him. All seamed fine so paid £600 deposit with view that this would get done upon return. Long story short after getting back things changed, promises of starting resulted in no shows twice and then no answers for weeks, then told hes in hospital despite facebook showing otherwise, then next excuse was van broken-which was also a lie and final one was his mother had dies (fine and well). Since then he hasn't returned any calls, texts or letters, has not finished the grass or started on paving. Ive sent a final letter which was ignored so no having to go down court route. In total hes had £3400.

What amount should i be claiming for? is it what he charged me +interest as now i have no guarantee on his work if he wont come back to solve any problems. or do i use quotes from other builders for same work to make up the amount i should claim for as this would be the cost of replacing (4500k)? should i claim for my time off too?

LilElvis

Sorry, its not clear what you have paid him so far. I can see half of the cost of the grass plus the £600 deposit for the patio. Have you paid the balance for the grass?

nem39esis

well total job quote was £2200 for grass + £600 for drainage (£2800) + £600 deposit for paving which he hasn't done. so £3400 total.

Ive basically paid it all but he hasn't finished it (more fool me). never started the paving either and hasn't done the drainage

KeithP

You need to get quotes from other tradesmen, ideally three, to finish the work and submit a claim for that amount.

GrumpyDil

I would ask for quotes from other tradesmen to finish the work off and then offer him the chance of completing the work or of refunding money to cover the cost of someone else completing the work.

It would be in my opinion very unlikely that you could claim all the money back as you indicated the work he has done looks ok and unless you need to rip it all out and start again I can't see a court agreeing to to a full refund.

If he refuses either option then formal LBA and small claims.

You would need to check the small claims process to see what you can reasonably claim. I don't think time off from work would be in included unless there is a hearing which is often not the case.

nem39esis

Can i use quotes ive gotten before work was undertaken by this gardener, or do i need ones now?

GrumpyDil

You need new ones to finish the work off so they take account of the work that he has done already.

unholyangel

As above you need to get quote for what it will cost to finish the work you originally agreed with him and then subtract whatever amount you were still due to pay him. The remainder is the amount you would be claiming for him - usually the position of law is to try and put you in close a position as possible (as near as money can achieve it anyway) to the position you would have been in had the contract been performed correctly.