Can a contractor dismantle work if I don't pay?

hawkerneedshelp

Hi everyone! Looking for some advice please.

As the title is limited, there's a bit more to it than that! Very long story short, we have had our garden done and the quality of the work as a whole is appalling. We discussed our concerns with them and they said they would make it right - which they haven't.

We said that we would not pay the labour costs (the only balance that is outstanding) as the job is not complete and not up to standard. They understandably are not happy about this and have threatened to come back and rip up the work they've done.

The point that is very important to make is that the materials are ours. We paid the companies that supplied these directly - no money passed through the contractor's hands for the materials.

Therefore legally are they allowed to rip up the work they have done in the garden, if the materials belong to us? From what I have read it would seem not. I should also add that they would not be able to access the garden without getting through a locked gate, so technically, if they did manage to get through it would class as criminal damage I'm sure.

Any thoughts appreciated, thank you!

davidmcn

Do you think they're likely to choose to spend even more of their (unpaid) time ripping stuff up if they haven't been paid for the work in the first place?

hawkerneedshelp

Hi davidmcn,

This is what we thought but they have specified 3 times now that they are planning to come back to rip it up. Unfortunately due to how they have behaved I think they are genuine about this.

hawkerneedshelp

I've just realised that I've worded my post poorly. We are planning - and have communicated to them in writing - that we will pay them a figure for the labour they have done, but this figure will be minus the cost of putting their work right. We have been advised to do this. They have disregarded this completely and said they are coming back as planned.

Wanderingpomm

No they have no right to come and rip it out

pinkshoes

hawkerneedshelp wrote: »

I've just realised that I've worded my post poorly. We are planning - and have communicated to them in writing - that we will pay them a figure for the labour they have done, but this figure will be minus the cost of putting their work right. We have been advised to do this. They have disregarded this completely and said they are coming back as planned.

Have they been given the opportunity to put right their work? You need to give them ONE opportunity to sort it out.

If you have done this, then you would be wise to get two quotes to complete the job to a good standard. That way you will know how much to pay them.

If you have paid for the stuff and have receipts they cannot take them. That would be theft. If they enter your garden then I guess that would make it trespass. Do you have CCTV?

tacpot12

If they "rip up" their work, and cause any damage to the materials that you purchased, they are guilt of criminal damage; I would call the police if you see them arrive. Tell the police there will be a breach of the peace if they don't attend. If you don't have CCTV, then try to have someone film them on a mobile phone camera while you talk to them.

hawkerneedshelp

Hi pinkshoes,

We gave them several opportunities when the work was being carried out to put the issues right. I know it could be debated on how much time you give them to fix it is reasonable, but they said they would fix it, and they haven't.

Yes, we have the card receipts for the materials we have paid for.

We do have CCTV now.

What they haven't clarified is what they are planning on doing with the materials once they take it up. Not that we're planning on letting them!

BoGoF

How much are they 'owed'?

Not saying it's right but sometimes it's worth just paying for the peace of mind. Sounds like they have little regard for playing by the book and they probably wouldn't think twice about sending some 'mates' round in the middle of the night.

hawkerneedshelp

Hi BoGoF,

I'd rather not say the exact amount but it is 4 figures.

We have considered this but the price is simply too high for us to consider paying the full amount. We will have to pay it again and some more besides to get it put right by someone else. This we are prepared to do, but not at the expense of paying this contractor's high prices for very poor quality work.

I agree with you that they would do such a thing, unfortunately they have demonstrated their unacceptable behavior already. But we have been advised we have reasonable rights to contact the police if they show up.

Mojisola

hawkerneedshelp wrote: »

We said that we would not pay the labour costs (the only balance that is outstanding) as the job is not complete and not up to standard. They understandably are not happy about this and have threatened to come back and rip up the work they've done.

The point that is very important to make is that the materials are ours. We paid the companies that supplied these directly - no money passed through the contractor's hands for the materials.

Therefore legally are they allowed to rip up the work they have done in the garden, if the materials belong to us?

They could undo the work they have done as long as they don't damage the materials - so they could lift a patio and leave the slabs stacked in your garden or take down a fence.

It's a bit pointless for them to spend more time on a job that they aren't getting paid for but it might be the 'principle' - once people start thinking like that, they don't always act reasonably.

Try not to leave the house empty and be ready to call the police if they turn up.