Landscape gardener failing to complete/start work, depost paid.

Theagg

I approached a local landscape gardener to have a set of timber framed planters built. After some detailed conversations with him (via Facebook messenger) regarding the design, I agreed to proceed and it was decided he would build these off site and then deliver and plant up when completed. He asked for a deposit up front for labour and full payment up front for materials. I agreed to the deposit but told him I would order and pay for the materials myself and have them delivered to his site. He ok'd this and sent me an invoice with the job details, payment details etc. Deposit was paid via bank transfer.

The materials I ordered arrived at his site and he then sent me some pictures to confirm the material had arrived in good condition and was all there.(so I know he has the materials) Four days later, he informed me he had built half of the required planters and would build the final ones the following day and would send me pictures of the progress so far). After that point I didn't recieve any pictures or hear anything more from him for a week, at which point I again messaged to check up on progress. At this point he apologised for the delay, with the excuse being school holiday and 'personal issues' but that he would be delivering and completing the following week. Another week passed and he failed to deliver on the date he stated, with yet another excuse and a new date for delivery.

Over a week after that date too was missed, with me not having heard anything, I messaged again but didn't get an immediate response, but when he did finally replay he once again apologised, citing problems with his van and 'other issues' stating he would now deliver the planters the following Monday and make sure this happened.

Which, of course, it didnt. Monday came and went, with no contact from him to explain why he missed yet another delivery date.

My questions then are, given he did state he had built half of the required planters over a month ago (with the others to be built the day after) yet over a month later he still is failing to deliver and complete the job despite that, has he had enough 'reasonable time' to complete this job ? His lack of communication when he failed to deliver on the days he said he would, followed by more excuses, isn't exactly filling me with confidence in his capability. Should I now be asking for my deposit back and the return of my materials (assuming he hasn't damaged them) right now or giving him one final attempt to complete this job as per the original agreement ? And at what point should I consider legal action if such delays keep happening ?

TELLIT01

As he is local to you I would go round and find out what's going on.  If some of the work is complete make arrangements to remove them and to take any materials which have not yet been used.

Theagg

TELLIT01 said:

As he is local to you I would go round and find out what's going on.  If some of the work is complete make arrangements to remove them and to take any materials which have not yet been used.

Ahh, not quite that 'local'. Around 8 miles away. Also, as I personally can't go over there to collect materials etc, I would have to pay someone to collect any planters he has made so far (assuming he has made any yet) plus materials. So that's a cost I would then need to get back off the gardener.

Aylesbury_Duck

Theagg said:

TELLIT01 said:

As he is local to you I would go round and find out what's going on.  If some of the work is complete make arrangements to remove them and to take any materials which have not yet been used.

Ahh, not quite that 'local'. Around 8 miles away. Also, as I personally can't go over there to collect materials etc, I would have to pay someone to collect any planters he has made so far (assuming he has made any yet) plus materials. So that's a cost I would then need to get back off the gardener.

8 miles, or is that a typo?  If you physically can't travel there then it's a letter before action, but if it's just a case of you not having the means to transport large heavy materials then I'd still head over there because you need to show you mean business.  It's too easy for him to ignore calls and texts.

Theagg

Aylesbury_Duck said:

Theagg said:

TELLIT01 said:

As he is local to you I would go round and find out what's going on.  If some of the work is complete make arrangements to remove them and to take any materials which have not yet been used.

Ahh, not quite that 'local'. Around 8 miles away. Also, as I personally can't go over there to collect materials etc, I would have to pay someone to collect any planters he has made so far (assuming he has made any yet) plus materials. So that's a cost I would then need to get back off the gardener.

8 miles, or is that a typo?  If you physically can't travel there then it's a letter before action, but if it's just a case of you not having the means to transport large heavy materials then I'd still head over there because you need to show you mean business.  It's too easy for him to ignore calls and texts.

Not a typo but yes, physically can't travel there (mobility issues and all that jazz). The key point I'm trying to determine is if it's now been a 'reasonable amount of time' (5 weeks since he said he had built half the planters and would finish the others the following day) to have delivered them and finished the job and should I now bring out the legal hammer or first give him a final opportunity to now refund the appropriate amount of the 'deposit' paid and deliver me the materials, so I can get someone else to complete the work. (based on what he has or has not actually built etc)

Diamandis

Well you would start with a letter before action giving him 14 days to either deliver the items or return your money, letting him know you will initiateproceedings after this time. If this isn't successful the next step is small claims court.