Builder quit the job

Snuffbert

Thank you all for your replies, they have been most helpful.  The workers who did the first bit of work had the option of having a key to gain entry at a later date, however, they chose not to take it as there was going to be a delay in completing the works due to materials being out of stock and the weather.  It was agreed with them and the company boss that they would call and advise me of when materials were in and when the workmen would be coming as it was dependent on the weather.  Over a week later I called the company for an update and was told once again they would call and let me know when they would be arriving to complete the works. They turned up out of the blue which I could do nothing about as I was at work.  They wanted to climb over my gates and fences to gain access which I told them they could not do (I do not think this is unreasonable).  As for the unacceptable phone call - that consisted of an irate boss (who apparently was on holiday) calling me, shouting and swearing at me denying what he had agreed to and eventually telling me "to go away" (respect prevents me from saying exactly what he said).  I have found another roofer to complete the job as rightly or wrongly I would not let a company whose management speaks to their clients as he did to me come back and complete the work anyway, I don't think anyone in their right mind would do so either. I have contacted them again and asked them to collect the materials they left on my property, The boss said he would get them collected the following day and drop off an invoice - hat was a week ago  - materials still there and no invoice has been received - which by the way if it is a reasonable quote I have no issue paying, just not the days lost work which is not down to me.
Once again thanks for all you help

the_lunatic_is_in_my_head

tightauldgit said:

Presumably the builder is also in breach of contract by not finishing the work though and the OP would be legally entitled to recover any additional costs they have incurred as a result of that breach? So if the original quote was for say £1000 and then the job ends up costing £1500 because of the change of builder then the original builder would be on the hook for the additional £500?

ThumbRemote said:

I agree. 

Get a new builder to quote for finishing the job. You only owe the first builder the difference between the cost to finish the job, and the original price. Essentially you should not be left out of pocket by their breach of contract. 

In addition, if the re is damage caused by leaving the roof unfinished - ie to the room below - the original builder needs to pay for that too.

As you haven't paid anything yet, you very much have the upper hand. He'll have to try and go to court to get the money. So start keeping evidence now, in case it's needed. Emails or texts rather than phone calls. Written quotes from other builders. That sort of thing. 

I think this is the answer and that OP is entitled to be in the position they would have been if the contract had been concluded so find new builder at a reasonable rate, deduct their cost from the original quote and then pay the first builder that amount if it differs from the invoice eventually given (by the first builder). 

Tucosalamanca

£500 for three days labour sounds very cheap (3 x engineers, one day).
Just for some perspective, I would be charging £810 (3 x £225, total £675 plus VAT). Despite what you might think, there's very little profit even at this level.
I think the tradesmen is offering poor customer service, but if he's charging so little, it's no wonder he's stressed. You can't stay in business at those prices, a lost day will have implications for him. Hope you can reach an amicable agreement, there's certainly no winner in this situation.

pinkshoes

Tucosalamanca said:

£500 for three days labour sounds very cheap (3 x engineers, one day).
Just for some perspective, I would be charging £810 (3 x £225, total £675 plus VAT). Despite what you might think, there's very little profit even at this level.
I think the tradesmen is offering poor customer service, but if he's charging so little, it's no wonder he's stressed. You can't stay in business at those prices, a lost day will have implications for him. Hope you can reach an amicable agreement, there's certainly no winner in this situation.

The £500 was what the OP estimated for the work done fitting guttering and soffits. The builder stated it was half the price of the job.

The builder then wanted additional money for the day of wasted labour when the 3 people he sent couldn't get in. The OP didn't say how much this was, but it is irrelevant as the builder didn't inform the OP that they were coming, and it had been weeks since the last visit due to awaiting on parts.

@Snuffbert - what was the price quoted for the entire job, and how much is it going to cost to complete the job? I think £500 for fitting guttering and soffits is a little cheap if this also had to include scaffolding? But that's irrelevant, as you agreed a price for the entire job which still needs completing, so you pay builder #1 the difference between the quote and what you have to pay builder #2. 

Did you get a second quote from another builder to finish the job? That might be wise in case he disputes the amount that builder #2 has quoted. 

Snuffbert

I have another roofer who has already started the works, he has given a good quote and the materials he has used today are far superior to the materials left behind by the other company.  The soffits and guttering are for a garden room not an entire house so the materials used are minimal.  Also discovered today that the guttering is not of the best quality either, having said that the materials may not be of the best quality but the work done was to a good standard.  I asked my new roofer what the cost of replacing the soffits guttering and down pipe would be and he said £400 to £500 max, so happy with my own payment estimate which was based on research of materials and general labour charges.