Landscaping job done incorrectly - company says they did what they were told

tacpot12

mattyprice4004 said:

What did you actually say to them? Did you tell them to do it the way it was done, or did you leave the choice of method down to you? 

If you advised them how to do it, you need to shoulder some of the responsibility here; yes they're the expert, but if they're acting on your clear instruction then it's unfair to pin all of the blame on them. 

I don't think this is correct. When you hire someone they are supposed to take reasonable care, and that means reading the manufacturers instructions AND if the client tells them to install the product in a way that is not in line with these instructions to formally advise the client of this, and get confirmation that the client is prepared to accept the risk if it is installed not in line with the instructions. Anything less is irresponsible. 

Any experienced contractor knows that clients will often say something in passing that has a deep implication for the job, and the good contractors will stop and explain the pros and cons of delivering what the customer just asked for. The customer gets what the customer wants ONLY if the customer accepts responsibly for the outcome. If the customer wants the contractor to be liable for the outcome, they need to accept that the contractor determines how the work is done. The customer shouldn't select materials that cannot be fitted in the way they want them to be fitted, e.g. with no grout lines. 

brumbill

mattyprice4004 said:

What did you actually say to them? Did you tell them to do it the way it was done, or did you leave the choice of method down to you? 

If you advised them how to do it, you need to shoulder some of the responsibility here; yes they're the expert, but if they're acting on your clear instruction then it's unfair to pin all of the blame on them. 

We didn’t tell them anything about spacing - we just said we wanted the slabs lined up as opposed to laid in a brick pattern. When they quoted initially we discussed grout colours etc and when on site they also discussed brushing Kilned sand between the slabs, neither of which they did in the end as they are too close 

brumbill

The point really is that we didn’t ask them to do it this way. They have. It’s wrong. So now they’re blaming us.

they've snowballed it up to solicitors now and are refusing to meet us to discuss it at all. I hate having anything like this hanging over me, I’d rather it was just sorted now, but it’s hard to do that when they won’t even speak about it

Aylesbury_Duck

brumbill said:

The point really is that we didn’t ask them to do it this way. They have. It’s wrong. So now they’re blaming us.

they've snowballed it up to solicitors now and are refusing to meet us to discuss it at all. I hate having anything like this hanging over me, I’d rather it was just sorted now, but it’s hard to do that when they won’t even speak about it

You seem to have two options.  Pay them and then start your own process to get the work re-done, after which you invoice them for the cost with small claims as the ultimate resort.  Or don't pay them, in which case they will presumably continue down the legal route anyway.  In either case, you will have to collate the evidence that they acted negligently, so as advised earlier, best to get all that together now because it's going to be needed in either eventuality.

JamoLew

You could offer to pay under the condition that an Independent person (not the mate of a mate) inspects and reports that the job is of satisfactory standard
make it clear that you are not refusing to pay under any circumstances 

brumbill

We have offered to pay in part for additional works not directly affected by the slab issue (a retaining wall)

they have offered to allow us to keep a retainer for a period of 5 months to cover the winter to see if anything goes wrong. They say they explained the implications of fitting slabs too close together but we instructed them to go ahead anyway (not true - why would anyone insist on work being done that is guaranteed to break?!) but what they won’t do is reiterate that statement and tell me now what the chances are of things breaking, and how long it will take. I’m assuming, if it’s due to contraction and expansion over time, it normally takes more than 5 months to properly impact - it’s not like the floor isn’t level and solid, the issue is that there is no room for the slabs to move

Aylesbury_Duck

That sounds like a pragmatic way forward, and better than one or both parties "going legal".

Jumblebumble

brumbill said:

We have offered to pay in part for additional works not directly affected by the slab issue (a retaining wall)

they have offered to allow us to keep a retainer for a period of 5 months to cover the winter to see if anything goes wrong. They say they explained the implications of fitting slabs too close together but we instructed them to go ahead anyway (not true - why would anyone insist on work being done that is guaranteed to break?!) but what they won’t do is reiterate that statement and tell me now what the chances are of things breaking, and how long it will take. I’m assuming, if it’s due to contraction and expansion over time, it normally takes more than 5 months to properly impact - it’s not like the floor isn’t level and solid, the issue is that there is no room for the slabs to move

This sounds like a disaster waiting to happen and the only beneficiary is the workmen
These workmen sound like idiots and I would not be paying them as if you do pay them and then try to get the money back later and they go bust in the meantime as they do not seem very competent  you will end up wishing you had ignored advice to do so.
Just because they do not move this winter there is no guarantee that they wont move in the future.
They cannot tell you how long the slabs will last before breaking anymore than I can

stragglebod

brumbill said:

We have offered to pay in part for additional works not directly affected by the slab issue (a retaining wall)

they have offered to allow us to keep a retainer for a period of 5 months to cover the winter to see if anything goes wrong. They say they explained the implications of fitting slabs too close together but we instructed them to go ahead anyway (not true - why would anyone insist on work being done that is guaranteed to break?!) but what they won’t do is reiterate that statement and tell me now what the chances are of things breaking, and how long it will take. I’m assuming, if it’s due to contraction and expansion over time, it normally takes more than 5 months to properly impact - it’s not like the floor isn’t level and solid, the issue is that there is no room for the slabs to move

I wouldn't touch that offer with a barge pole. Get an independent report.

brumbill

Had Free legal advice today and have been told that we don’t pay them a thing as the contract was for all the works Together and they haven’t met the contract. Apparently need to write to them and give them 14 days to come and fix the problem or we can get someone else to do it and bill them for the work.

Oh dear...