Double glazing fitter trying to charge for cancelled work

Ella_fella

So at the end of November I phoned a window fitter to replace a misted double glazing unit, came round about ten days later to measure up, said work would be completed 2nd or 3rd week in January which I said was fine.

3rd week in January came and went, tried to contact window fitter by phone no answer so texted them , got a reply back saying ring back in a week.

Rang back first week of February, no reply, texted at same time asking when work would be done, no reply. 

Waited 3 weeks then arranged for another fitter to do the work, took them just over a week to complete. 

Just had a reply back from the first window fitter nearly a month after I tried to contact them saying they had now received the replacement unit and could they come round and fit it next week.

 I rang back and said that as they didn't reply to my calls or text a month ago then assumed they didn't want to to do the work and had got someone else to do it plus they told me initially would be a date of 3rd week in Jan and it was now March.

Got very upset on the phone and said they had ordered this unit now and couldn't send it back etc I said they should have replied to my messages and was told they don't do texts (even though they replied to a text from me earlier). Complained about the cost of the replacement unit which they can't use now apparently.

Where do I stand with this please?

Alderbank

So to simplify, you made a contract with a supplier to make to order and fit a window unit.
'Completed second or third week' sounds like an estimate.
You could, but did not, make a contractual stipulation that time was of the essence, eg by saying 'It must be fitted before 1st February, otherwise the deal's off'.
Without that, the time to make and fit should be 'reasonable'. 
The fitter's communication could have been a lot better but he might have a case for saying that with skilled labour shortages etc., that the extra delay was reasonable.

I assume you paid him? How did you pay and how much did you pay?

Ella_fella

I said that the 3rd week of January was ok therefore by implication 6 weeks later wasn't. 
.
I haven't paid him anything as I wasn't even aware he had ordered the unit until tonight as he refused to answer my calls and texts a month ago querying when the work would be done given the agreed date as above. 

I don't want the guy to be out of pocket but conversely I think I've been reasonable in waiting a month for him to deign to reply back to my calls. The cost from another fitter was £120. 

Alderbank

I don't want the guy to be out of pocket...

There's only one way for that not to happen. Pay him.

MorningcoffeeIV

Ella_fella said:

I said that the 3rd week of January was ok therefore by implication 6 weeks later wasn't. 
.

That may be what you thought you were implying, but I doubt anyone would have inferred that. Especially as you were still requesting it to be done after the 3rd week.  Saying a date is ok is just confirming that you're available.

I would look to come to a compromise with him.

Ella_fella

MorningcoffeeIV said:

Ella_fella said:

I said that the 3rd week of January was ok therefore by implication 6 weeks later wasn't. 
.

That may be what you thought you were implying, but I doubt anyone would have inferred that. Especially as you were still requesting it to be done after the 3rd week.  Saying a date is ok is just confirming that you're available.

I would look to come to a compromise with him.

I explained to him this evening that as he didn't return my calls and texts then I asked another contractor to do the work and if he hadn't waited a month to reply and give me an update then I wouldn't of gone elsewhere which he didn't accept. I've been chasing the guy from the end of Nov to get the work done.

cymruchris

Ella_fella said:

MorningcoffeeIV said:

Ella_fella said:

I said that the 3rd week of January was ok therefore by implication 6 weeks later wasn't. 
.

That may be what you thought you were implying, but I doubt anyone would have inferred that. Especially as you were still requesting it to be done after the 3rd week.  Saying a date is ok is just confirming that you're available.

I would look to come to a compromise with him.

I explained to him this evening that as he didn't return my calls and texts then I asked another contractor to do the work and if he hadn't waited a month to reply and give me an update then I wouldn't of gone elsewhere which he didn't accept. I've been chasing the guy from the end of Nov to get the work done.

As much as they didn't reply to your texts or phone calls - did you actually send one to cancel the job? Did you at any time actually state 'As you've not replied I am now going to place an order with another tradesman as I need the job completed asap' or something similar?

If you have no evidence of cancellation - even though there was poor communication - I'd say you're liable for the cost of the unit.

Once you've ordered something that's bespoke in terms of not being able to buy the said item off the shelf, then if the order had been placed with their supplier the next day and it took longer than expected to come, you'd still be liable to pay for it if you went elsewhere, unless you'd given a specific deadline at the beginning of the contract. (Which from what you've said you didn't.)

Yes - the tradesman could have been much better with their comms, I don't doubt that, but you could also have been better with yours in sending a clear message of cancellation before moving to another tradesman. (Thus giving them a chance to respond before you did).

Mr.Generous

At most offer him £20 towards the cost of the sealed unit (unless its a massive toughened piece it won't be very costly) and you'll both be out of pocket by a few quid, lessons learned.

HillStreetBlues

Ella_fella said:

So at the end of November I phoned a window fitter to replace a misted double glazing unit, came round about ten days later to measure up, said work would be completed 2nd or 3rd week in January which I said was fine.

3rd week in January came and went, tried to contact window fitter by phone no answer so texted them , got a reply back saying ring back in a week.

Rang back first week of February, no reply, texted at same time asking when work would be done, no reply. 

Waited 3 weeks then arranged for another fitter to do the work, took them just over a week to complete. 

Just had a reply back from the first window fitter nearly a month after I tried to contact them saying they had now received the replacement unit and could they come round and fit it next week.

 I rang back and said that as they didn't reply to my calls or text a month ago then assumed they didn't want to to do the work and had got someone else to do it plus they told me initially would be a date of 3rd week in Jan and it was now March.

Got very upset on the phone and said they had ordered this unit now and couldn't send it back etc I said they should have replied to my messages and was told they don't do texts (even though they replied to a text from me earlier). Complained about the cost of the replacement unit which they can't use now apparently.

Where do I stand with this please?

If they were the the one giving the time frame,  then if they couldn't do the work in the time-frame they gave then it is them that needed to get your agreement to rearrange another time.

HillStreetBlues

Alderbank said:

So to simplify, you made a contract with a supplier to make to order and fit a window unit.
'Completed second or third week' sounds like an estimate.
You could, but did not, make a contractual stipulation that time was of the essence, eg by saying 'It must be fitted before 1st February, otherwise the deal's off'.
Without that, the time to make and fit should be 'reasonable'. 
The fitter's communication could have been a lot better but he might have a case for saying that with skilled labour shortages etc., that the extra delay was reasonable.

I assume you paid him? How did you pay and how much did you pay?

That's not an estimate, it's a time-frame when the work will be completed by.

An estimate would be "we hope to to have it completed by second or third week.

WhiskersTheWonderCat

He said the work would be completed by week 3 in January, and it wasn't. He broke the contract.