Decorator hasn't finished a job. How much money do I give him?

JadeHighland

A month ago we hired a decorator to paint our living and hallway. Long story short, the work has been going extremely slowly and has not completed yet. It was just stripping the walls, making good where needed and painting. First week the hallway was mostly done so we paid him £600 of the £800. Living room has been stripped, but he's now had an injury (he claims) so won't be able to come back until next week. 

This means what should have been a 5 day job (if that) has turned into a month. The hallway still isn't complete and living room has just had the walls stripped. I've said I'm not paying a penny but I've been told I'm being unreasonable. Is that the case?

I compromised and said that if I find someone and they essentially quote me the same as you, minus what you've done, I'll pay the difference. Even that I feel is generous considering how we've been living for the past month 

Ganga

What is the quality of the work he has done ? if good you might as well let him finish the job as you have paid him 75% of the total.

Risteard

You may find yourself falling foul of the law if you're not careful and don't follow correct procedures.

Kim_13

Payment on completion sounds fair enough, he’s had 75% of the money for what doesn’t sound like 75% of the work. If you pay the remaining £200 now you won’t see him again. We had a similar experience with a plumber (had used before so thought he could be trusted to come and finish the job, but alas not.)

Tucosalamanca

They won't be coming back, £200 isn't even a day's wage for a genuine decorator.

You employed a chancer, they've taken the money and gone. Sorry.

the_lunatic_is_in_my_head

JadeHighland said:

I've been told I'm being unreasonable. Is that the case?

Hello OP

Who told you this?

If it's the decorator then of course their opinion is somewhat bias. 

Where a service doesn't conform to the contract you have the right to a repeat performance within a reasonable time and without significant inconvenience, if that fails you have the right to a price reduction which pretty much follows your example:

JadeHighland said:

I compromised and said that if I find someone and they essentially quote me the same as you, minus what you've done, I'll pay the difference. Even that I feel is generous considering how we've been living for the past month 

which is perfectly reasonable.

Ultimately a trader enforcing payment requires small claims, that will take a long time by which point you'd be entitled to the price reduction so either he comes back, finishes the job, all is well and he gets paid or he doesn't come back and well doesn't get paid anything further. 

The only questions are what is a reasonable time and what is significant inconvenience, the CRA says

(4)Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—(a)the nature of the service, and(b)the purpose for which the service was to be performed.

If it were clear you needed the decorating done for say an event at your home such as party (and the trader was aware of such) then that would be a factor.

Without anything like that you could argue not having a dinning room to dine in is a significant inconvenience, ultimately a court would have decide but 5 days turning into a month and still not finished doesn't bode well for the trader really. 

If he doesn't meet his agreement of coming back next week* I would think it's reasonable to start to look for someone else to do the job.

*Hopefully you have this agreement in text, messenger, email, etc if not pin him to a timeframe via such and if he doesn't meet it then I would say you are within the price reduction territory   

secla

id only pay the extra 25% on completion. I think you have probably given him to much already to be honest and the likelihood of him coming back to finish are slim. 

twopenny

It seems odd to me to expect payment up front for a fairly simple job like this - unless you are living in a place with massive rooms or it was in a terrible state.
It rings alarm bells.

If he has an injury fair enough. In which case he should either finish the job when better and be paid on completion or say he can't and sacrifice the money. Even arrange for someone to come and do it if over a week.
No way should he be paid for work he hasn't done.

My neighbours have had to get 3 decorators who say they'll come then haven't. The one they have now is grumpy as ...... marking and cutting paper in a high wind. I fear there will be problems.
I had one that wanted paying by the hour, said it was too hot, too wet and found him in his car reading a paper 20mins after he thought I'd left. We parted company and oddly it was my name that was mud.
So you aren't the only one.

mexican_dave

I have had a decorator bring another decorator in to assist with a big drop of wallpaper in a stairwell, and work together for a day. They do have mates in the trade, so another tactic is to say: well if you are sick, if you can get a stand-in to finish the work in the next 7-days, I will pay the last installment on completion".
Might be worth a try, but otherwise lots of us think he's not coming back and can't be bothered, but yes do set a deadline.

GrubbyGirl_2

I definitely wouldn't pay a penny more until the job is finished.  You've already paid the majority but the majority of the job has not been done.  If he is stupid enough to take you to court I would counter sue for some of the money back

Albermarle

I have never paid a decorator until the job was finished, and not one has ever asked to be paid before completion of the job.
I would consider it only if it was a very big long job.