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Terminating a verbal contract
Vamperina
Posts: 2 Newbie
I'm confused with information I've read on the internet about terminating a verbal contract and hence this post so I might be able to get a better understanding of my situation.
I instructed a local builder who has a limited company to carry out a large project at my home for a fixed fee. We verbally discussed a lot of the details of the project and the duration/timescales for the job. I was told it would take 3 to 4 months to complete. The builder provided a written quote which contained some detail of the job and the fixed price but it didn't include any detail on timelines, dates or when payments would be made. I was verbally told that payments would be requested ad-hoc in line with progress of work and that I would always be able to verify the work progress with my own eyes. I was naïve and silly as it did not even occur to me that I should have had a written contract containing all the details that were verbally agreed. However, I have now realised that a verbal contract is just as binding as a written one.
The builder has taken far far longer than was originally agreed. It started with a small delay which I didn't think much of at the time. But the excuses kept piling on and now it is over 9 months and still he is giving excuses for further delays. At the start, I felt like payments were being requested in line with the work progress that I could see but more recently, I have felt that payments were being requested more frequently than the pace of the work. The one good thing I feel I've done is to make sure he confirmed in writing that he received every payment I made to date. I've tried to retrospectively agree new written terms for timelines and payments for the remainder of the work and balance. He didn't take it very well and has refused to do any of these amendments. And now he is refusing to do any more work until he receives significant payments. I've already paid out a lot more than the work that is left and so I'm fearful if I pay any more then he will do little to no work for it. I have tried to resolve this with the builder but there is no reasoning with him.
I have since realised that some of his work is of sub-standard quality and some of these are of a safety issue. There are some things that he has not done that was in the written quote and some of these are not easily correctable. At this point, I don't even feel I want to get him to finish the remaining work even if he agrees to do it for zero further payments. I'd rather cut my losses with him. This has caused me so much stress, I don't even have any desire to try to sue him for the over payments I feel I've made or the shoddy workmanship.
The stress is so bad that all I want is to end the contract with him and move on with my life. But I am scared that if I do this, he will still want more money by trying to sue me and dragging me through that extremely stressful process. I have spoken to citizens advice who have helped me somewhat but they've suggested that I speak to solicitors. I've gotten quotes from several solicitors and they are all very unaffordable.
How can I properly terminate the verbal contract with him? If anyone with legal background or experience is able to comment/help then that would be very much appreciated.
I instructed a local builder who has a limited company to carry out a large project at my home for a fixed fee. We verbally discussed a lot of the details of the project and the duration/timescales for the job. I was told it would take 3 to 4 months to complete. The builder provided a written quote which contained some detail of the job and the fixed price but it didn't include any detail on timelines, dates or when payments would be made. I was verbally told that payments would be requested ad-hoc in line with progress of work and that I would always be able to verify the work progress with my own eyes. I was naïve and silly as it did not even occur to me that I should have had a written contract containing all the details that were verbally agreed. However, I have now realised that a verbal contract is just as binding as a written one.
The builder has taken far far longer than was originally agreed. It started with a small delay which I didn't think much of at the time. But the excuses kept piling on and now it is over 9 months and still he is giving excuses for further delays. At the start, I felt like payments were being requested in line with the work progress that I could see but more recently, I have felt that payments were being requested more frequently than the pace of the work. The one good thing I feel I've done is to make sure he confirmed in writing that he received every payment I made to date. I've tried to retrospectively agree new written terms for timelines and payments for the remainder of the work and balance. He didn't take it very well and has refused to do any of these amendments. And now he is refusing to do any more work until he receives significant payments. I've already paid out a lot more than the work that is left and so I'm fearful if I pay any more then he will do little to no work for it. I have tried to resolve this with the builder but there is no reasoning with him.
I have since realised that some of his work is of sub-standard quality and some of these are of a safety issue. There are some things that he has not done that was in the written quote and some of these are not easily correctable. At this point, I don't even feel I want to get him to finish the remaining work even if he agrees to do it for zero further payments. I'd rather cut my losses with him. This has caused me so much stress, I don't even have any desire to try to sue him for the over payments I feel I've made or the shoddy workmanship.
The stress is so bad that all I want is to end the contract with him and move on with my life. But I am scared that if I do this, he will still want more money by trying to sue me and dragging me through that extremely stressful process. I have spoken to citizens advice who have helped me somewhat but they've suggested that I speak to solicitors. I've gotten quotes from several solicitors and they are all very unaffordable.
How can I properly terminate the verbal contract with him? If anyone with legal background or experience is able to comment/help then that would be very much appreciated.
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