Sacking a builder

sol2017

To make long story short - somebody's done a very poor plastering job and I have sacked them. Well, almost - I have told them I am not happy and that I will get 2nd opinion regarding further course of action.

I've not paid anything. He has offered to rectify but I do not trust he is skilled enough to do it and I'm worried he would make matters worse - it is already worse than before he started. I invited another plasterer to inspect the room and they suggested a complete reskim as sanding and filling would be more effort or in some places impossible.

So how do I fire this 'plasterer' without paying him (because it's costing me more money now) and without being taken to court later on? Thanks for any advice

kaych

Do you have a contract with them? What does it say about termination of contract?

I think you have to give them a chance to rectify any problems first. I am not sure you can just fire them without the risk of the plasterer coming back to claim for damage.

If it’s within 14 days I think you have the right to cancel and only pay for the works that’s been done to date.

Contact citizen advice and see what they say in your situation.

Mistral001

You need to give the plasterer an opportunity to remedy the situation. If you do not do this and get someone else in redo the work, then the plasterer could send you a bill and then take you to court for non-payment if you refused to pay. A case that you might lose.

Risteard

You have absolutely no right to refuse him a chance to rectify the work. Should you be intend on doing this then pay him immediately. You're not entitled to a free job.

sol2017

Interesting. I kind of expected the answers above but was hoping someone had experience to share.

On the other hand I'm reading this: https://www.citizensadvice.org.uk/consumer/getting-home-improvements-done/problem-with-home-improvements/. So it should be ok if we can come to agreement and get it in writing, right?

While normally I would agree that they should have a chance to put things right I really cannot see how he would be able to do it without required skills. He might be able to get his own plasterer in but I doubt it would make sense financially as he'd have to pay for it. I will categorically not allow him touch my walls without a professional plasterer. I am not talking about minor issues - there is not a single wall that's done properly.

I don't have a written contract with them, only evidence is text messages.

[Deleted User]

Had a similar experience some years ago, first plasterer did a shocking job told him i was getting someone else to do it again and that I had taken photos of the mess he had made and that he could whistle for his money, never heard from him again.

snowcat75

Take photos, put it in writing and give them a chance to rectify, also stating that they are responsible for any costs should remedial work still be needed.


Second time around the work maybe OK trades have a habit of getting away with what they can if they think your a pushover.

If there's genuine issue then don't pay for any substandard work.

sol2017

Thank you, venison and snowcat. Good to hear that people don't just accept and pay for unacceptable work. Good suggestion to mention the cost of any remedial work.

This is a genuine issue. After several rounds of plastering (there was a lot to plaster) and other work in my house I accept that almost always there will be some snagging to do. This case is way beyond that, it needs redoing.

shortcrust

People are funny! You’ll no doubt have done a load of googling and will have found that not a single reputable source advises you to simply withhold payment. Two random people on the internet tell you what you want to hear and they become the sage voices of reason.

snowcat75

shortcrust wrote: »

People are funny! You’ll no doubt have done a load of googling and will have found that not a single reputable source advises you to simply withhold payment. Two random people on the internet tell you what you want to hear and they become the sage voices of reason.

No not at all, I run a small business and until works have been completed to the agreed standard then we will not be paid, and then it will still be 30 days.

I know Risk Assessments, Contracts of works, handover and agreed payments are all alien notions to builders but they protect both partys.

If you want the protection of the law on one side then all the other needs to be done correctly and crucially the work finished to the agreed standard, Retention payments can be held for as long as it takes.

I am not condoning anyone deliberately not paying, but standards should and need to be met.

Risteard

Retention absolutely cannot be withheld without this being explicitly stated within the contract and agreed to by both parties.