Refusal from decorator to complete the job

Stacey72

I am after some advise, I employed a company to carry our decorating at my property to cut a long story short after a telephone call between the contractor and my husband to clarify the works and to mention hie worker stood on my bed to paint the ceiling damaging a TV we had taken off the wall and placed there, he is refusing to complete the job and has invoiced in my opinion for a ridiculous some of money.  What would a reasonable amount be to pay ?. Thank you. 

Alderbank

Stacey72 said:

I am after some advise, I employed a company to carry our decorating at my property to cut a long story short after a telephone call between the contractor and my husband to clarify the works and to mention hie worker stood on my bed to paint the ceiling damaging a TV we had taken off the wall and placed there, he is refusing to complete the job and has invoiced in my opinion for a ridiculous some of money.  What would a reasonable amount be to pay ?. Thank you. 

Welcome to the Forum.

What proportion of the decorating has been carried out?
If the contractor had completed 80% of the work, for example, then paying 80% of the agreed bill would be reasonable.

Damage to the TV lying on the bed sounds like an accident. Claim on your contents insurance and ask your insurer whether your premium will increase as a result (very often it will not). 
If you have any excess to pay, and if your premium will increase, deduct those uninsured losses from the scaled down bill before paying it.

Stacey72

They have not even completed 2 rooms.
He stood on the bed on purpose to paint the ceiling. 
Thank you

marcia_

 I would not be claiming on my own insurance for the tv. I would be deducting it from their invoice. 

twopenny

Without meaning to be disrespectful it's a bit casual to leave a tv on a bed in a room you have workment. It's an accident waiting to happen.

You would hope they would ask you to move it but that seldom happens, it's really up to you to make sure that anything breakable or damageable is removed. I do that even when they say it's not necessary.

But it has happened and he should have had the gumption to move it. So it seems both parties were careless. I';m not sure the insurance would be happy about that.

When you say they haven't finshed 2 rooms - how much not finished? How much was agreed? Why have they not finished?

Frankly a company that will agree a job over the phone sounds unprofessional so more need for caution. If you don't have the agreement in writing you are going to have a battle on your hands.

Section62

Stacey72 said:

I am after some advise, I employed a company to carry our decorating at my property to cut a long story short after a telephone call between the contractor and my husband to clarify the works and to mention hie worker stood on my bed to paint the ceiling damaging a TV we had taken off the wall and placed there, he is refusing to complete the job and has invoiced in my opinion for a ridiculous some of money.  What would a reasonable amount be to pay ?. Thank you. 

Did you witness the TV being stood on, or has the company admitted (in writing) that was what happened?

Stacey72

Thank you for all your comments, They wanted start 2 bedrooms and we are a family of 5 so space to store everything was an issue.  I do understand it was at my risk but there was no need for him stand on the bed to paint the ceiling, i have video footage and initially was prepared not to worry about this as they did apologise. 
They have painted walls an ceilings but no woodwork in both rooms
They attended my property and quoted for all the works which was not just the bedrooms it was bathroom, hallway, living room and kitchen and due to a telephone conversation where the decorator did not like my husbands attitude they are not coming back to complete the job. 
I agree I nee to pay for the work that the did do but I am not sure on what is reasonable. 

Alderbank

marcia_ said:

 I would not be claiming on my own insurance for the tv. I would be deducting it from their invoice. 

You might, but that is not good advice to give to others.

In law even if the decorator was to blame you are expected to mitigate your loss which you can do by making a claim for accidental damage. If your insurer wants to take further action against the decorator (they won't for the price of a TV) that is their concern.

As others have suggested, a flat-screen tv lying face down on a dark coloured duvet might well be seen by a court as a breach of your duties under the Occupiers' Liability Act and had the decorator had been injured by broken glass you could have been faced with paying substantial damages.

Jumblebumble

Alderbank said:

marcia_ said:

 I would not be claiming on my own insurance for the tv. I would be deducting it from their invoice. 

You might, but that is not good advice to give to others.

In law even if the decorator was to blame you are expected to mitigate your loss which you can do by making a claim for accidental damage. If your insurer wants to take further action against the decorator (they won't for the price of a TV) that is their concern.

As others have suggested, a flat-screen tv lying face down on a dark coloured duvet might well be seen by a court as a breach of your duties under the Occupiers' Liability Act and had the decorator had been injured by broken glass you could have been faced with paying substantial damages.

I don't see how ending up with  a loaded premium in future years by making a claim while  mitigating my losses never mind any excess payable is very helpful to me but I will bow to your superior knowledge.
Do you seriously think it acceptable for a decorator to stand on a bed? They have no idea how strong the bed is. Your scenario seems to me to be a cowboy who needs a visit to an optician.

Mr.Generous

Was the TV under a dust sheet on the bed? I can't imagine painting a ceiling without putting a sheet over the bed, and equally if a double bed and furniture made it impossible to access the ceiling from ladders then to cut in around the light I guess he would have to stand on the bed.

MysteryMe

No competent painter stands on a customer's bed full stop. They use a roller on a pole if they can't reach the ceiling or use a step ladder. 

Ring up a couple of decorators and try and get a rough estimate of what painting walls and ceilings in two rooms whatever size they are would be.  Base what you will pay on that.