Is a tradesman obliged to complete a job?

Supersonos

We bought a house which has a large pond. The liner needed replacing (it leaks) and we wanted the shape changed slightly.

In April 2017, we accepted a quote from a landscaper. He arrived, pumped out the old pond onto our lawn which has left a massive area of clay and pond gunk, dug out some of the pond leaving a pile of mud, clay and bricks, and cut out some of the old liner and left that in a pile on the lawn.

He said we needed electrics so we paid his electrician £250 to put in an outside socket. He said we needed a particular liner so we paid him £1200. The liner and underlay arrived and is sitting on our lawn, killing the grass.

He has since disappeared. There were a couple of months of excuses (bad weather, overruning jobs, bad health, family emergency etc.) but now he's just not replying to texts/emails and we assume, five months after starting the job, he has no intention of completing it.

But he's left an incredible mess and ruined a lot of our lawn. We will now need to find someone else to do it and it's heading towards winter - not a good time to build a pond!

But can the tradesman legally just give-up on the job and leave us to clear-up his mess? What if the new landscaper says he wants a different liner?

Doozergirl

I don't think it really matters if he's obliged - he's obviously not coming back!

Is the liner worth £1200? If you've paid for labour that hasn't been carried out then you're in a position of having to claim the money back.

If that is what the liner costs then you're best off looking for someone new.

One might have a preference as to what to use, but if you've bought a particular liner then I presume you know that it is suitable for the job? In which case there's no problem. You won't know what someone else wants to use unless you speak to them; time to make some calls!

martinsurrey

Supersonos wrote: »

We bought a house which has a large pond. The liner needed replacing (it leaks) and we wanted the shape changed slightly.

In April 2017, we accepted a quote from a landscaper. He arrived, pumped out the old pond onto our lawn which has left a massive area of clay and pond gunk, dug out some of the pond leaving a pile of mud, clay and bricks, and cut out some of the old liner and left that in a pile on the lawn.

He said we needed electrics so we paid his electrician £250 to put in an outside socket. He said we needed a particular liner so we paid him £1200. The liner and underlay arrived and is sitting on our lawn, killing the grass.

He has since disappeared. There were a couple of months of excuses (bad weather, overruning jobs, bad health, family emergency etc.) but now he's just not replying to texts/emails and we assume, five months after starting the job, he has no intention of completing it.

But he's left an incredible mess and ruined a lot of our lawn. We will now need to find someone else to do it and it's heading towards winter - not a good time to build a pond!

But can the tradesman legally just give-up on the job and leave us to clear-up his mess? What if the new landscaper says he wants a different liner?

You COULD sue for breach of contract, but without a firm contract on what was agreed getting a good outcome is far from certain, and even then, getting any cash cold be another nightmare.

a learning experience, next time don't pay much until its installed. If a tradesman doesn't have a trade account and wants cash up front I wouldn't touch them.

tberry6686

Is there anything else bar the liner and underlay ? If not then how big is the liner ?

Unless it is huge then that is very expensive for liner and underlay

stator

You need to write a formal letter giving him a last chance to finish the job.
If he fails to reply in the timescale then you get someone else in and take the original workman to small claims court for your losses.

Heedtheadvice

Obliged to finish?
Yes, a contract is a contract, but proving it and getting action is an entirely different matter. Apart from the small claims court (and probably a lot of luck) you might just have to put it down to experience about paying up front, I am unfortunately of the opinion!

benten69

The big mistake you made is that you paid him upfront!! I ALWAYS, ALWAYS, ALWAYS tell them that payment will be made in full ONLY upon SATISFACTORY completion of all works agreed.

They pay for all materials, tools, bells and whistles out of their own pockets and will get everything back + their profits at the end. I mean, I don't pay Sony for a TV before they build it, so I also don't pay tradesmen for work they have not completed.

I did this with my driveway / back patio work, with my garage roof / garage door works, electrician work and just this week with the new boiler install.

None have had an issue with it, and they always get paid on time and the price agreed. Any deviation and unplanned cost / work that appears during the is highlighted and discussed as it is found so there are no "unexpected" costs when the final bill arrives. However they still don't get paid until it's finished properly.

Risteard

benten69 wrote: »

I ALWAYS, ALWAYS, ALWAYS tell them that payment will be made in full ONLY upon SATISFACTORY completion of all works agreed.

Many won't work that way due to customers deciding they'd rather not bother paying them.

benten69

Risteard wrote: »

Many won't work that way due to customers deciding they'd rather not bother paying them.

I can appreciate that, but then you just find one who will work that way, there are plenty of them out there who will work that way without fuss. I mean you don't pay a mechanic up front to fix your car do you? Same thing.

If it's a really big job (house extension and the likes), then maybe agree to pay in stages as they complete the work. So 25% after they have finished 25% of the work, etc. Nothing up front or "for materials" and certainly not for smaller jobs.

Risteard

benten69 wrote: »

I mean you don't pay a mechanic up front to fix your car do you? Same thing.

It's not entirely the same thing, because they are holding your car as collateral to ensure that you do pay!