Money Moral Dilemma: Should we walk away from the window fitter who won't fit our windows? 18 October 2022 at 4:47PM edited 18 October 2022 at 4:48PM in In my home (includes DIY) MoneySaving 41 replies 26.3K views

sunnycabodegata

I’m not clear whether there was a quote given beforehand for the labour and windows. While it’s possible that the fitter is ill,  or just has too much work on either to bill or do anything, I think it’s also possible he has discovered he can’t do the work at the price quoted because the cost of getting the windows made has shot up.  My son does a significant amount of DIY and has a friend who is a professional carpenter.  Both have been horrified at delays they have suffered in getting hold of materials and the way the cost of wood etc has increased over the last year. So he may actually be relieved if you cancel the contract.  However it should definitely be done in the right way, with signed for letters, making time of the essence and specifying a reasonable time for completion   Two months should be ample.  You could also ask him to let you know if on reflection he has decided he cannot complete the contract within this time, so that you can begin to enter into a contract with another supplier.  There’s nothing to stop you from starting to get in quotes from elsewhere in the meantime.

FinneyCat

Give the company a reasonable date by which they should complete the work. If they don’t comply, I’d then look for someone else…. 

SStitanic

Find someone else. 

Susan26

Definitely walk away. I don’t think that a verbal agreement is a contract. For a contract to have been made requires a consideration ie money to have been paid. So walk away. If I am wrong and he tries breach of contract I don’t think he will have any grounds. Good luck.

Section62

Susan26 said:

Definitely walk away. I don’t think that a verbal agreement is a contract. For a contract to have been made requires a consideration ie money to have been paid. So walk away. If I am wrong and he tries breach of contract I don’t think he will have any grounds. Good luck.

You'd be wrong on both points.

A verbal agreement can be a contract.  Furthermore, there is nothing in the original post to indicate it is a "verbal agreement" only.

A contract must include a consideration, but there is no requirement for the consideration to have been given prior to the contract coming into force.  Otherwise any type of business which operates on the basis of payment being made after the supply/provision of services/goods would be doing so without a contract being in place.

The details are important, which is why the advice to "Definitely walk away" is very wrong.

lewisiablue

I would tell him you are now looking for another window fitter and canceling his services immediately. IF he has made your windows (which is a big if) he will be round in a flash! I would not wait any longer as some have suggested, you have already given him more than enough time. Move on straight away.

ENPete

honestcove is correct -  write telling him that you are 'making time of the essence'  in your contract and giving him a reasonable but short deadline for completion of the work (maybe a month).  Tell him that if the work is not completed to your satisfaction by that deadline then the contract is terminated.  If he fails to comply then you can walk away and will have no liability to pay him anything even if he has had the items manufactured.  This is my personal understanding of the law but you could always check with Citizens Advice or Trading Standards to be certain.     

primrose_penguin

pollypenny said:

Note there's no mention of a deposit. What happens if the OP has paid a deposit. 

It says they haven't yet paid anything. 

hannerrbabes

I find it hard to believe he's had them made if he's not asking you for the money for them and if he's not keen to fit them so can clear some storage room AND earn some cash. 

I bet there's someone who'd love such a big job, especially with Xmas coming up. 

s124

We had this exact problem about 12 years ago for a door we had specially made.

My solution.
Call the installer, tell him you are very unhappy and if they do not do it you will walk away.
Agree a date not too far in the future, telling them that it is their last chance and if they do not appear you won't pay and they can forget the whole thing.
Then stick to your word

It worked he appeared on said date and fitted. I then stalled handing over payment until he came round knocked on the door for it, just as like for like revenge.

It worked a treat.