Rights regarding building work not paid for

jenza8

I wondered if anyone could offer any advice to my friend regarding landscaping work that he carried out but was not paid for.
9 months ago, he redesigned a client's garden. This included laying a patio amongst other things. The client was invoiced but failed to pay any money othe than the initial payment for materials despite reminders. The client has now reapproached my friend and is demanding for a few loose slabs to be put right.
Does my friend have to make good these loose slabs or can he refused based on the fact he has never been paid for any work? Where does he stand legally? Thanks in advance.

da_rule

Of course he can refuse.

He can also commence action at the County Court (probably small claims depending on the value of the work) to recover the unpaid money. He just needs to make sure he follows the debt recovery pre-action protocol.

The customer may attempt to sue as well if he feels that the work isn't up to standard. This will then be for a judge to decide how much, if any, should be deducted from the bill to make up for this.

macman

This gives him the chance to collect: offer to fix the slabs, but the debt must be paid in cash upon completion of the repair.
If not, LBA, then small claims process.
He's not helped himself by waiting 9 months. What reason has the client given for non payment?

bertiewhite

Has your friend thought about loosening a few more slabs and repatriating them?

hollydays

macman wrote: »

This gives him the chance to collect: offer to fix the slabs, but the debt must be paid in cash upon completion of the repair.
If not, LBA, then small claims process.
He's not helped himself by waiting 9 months. What reason has the client given for non payment?

I think that's a ...little too trusting . Why not ask him to pay, then say he'll do the work.i wouldn't do another iota of work until paid. Can you believe the cheek of some people.

jenza8

Thanks everyone. Sense tells us that my friend can refuse bit I can't find anything on his actual legal position to quote back at the client. It seems to be a case of running out of money for the non-payment.

macman

The legal position is that the customer is in breach of contract with your friend. Tell him to enforce his rights without further delay. The loose slabs are not relevant, except as possible leverage to extract payment.
'Running out of money' is not a defence for non-payment for work completed.