Customer took £2000 off a builder price after the job was done with talking to the builder

willywonka1

Hi,

Builder quoted for work on a house by E-mail, customer said yes to E-mail. £6000. The job went on a little longer as they sent the wrong windows, it was Covid, and the customer build something in front of were they were working, this slowed them down the last day, so had to come back one more day. After they said they were happy, builder asked if there was anything more to do, they said don’t think so, we will put those few bolts in if you leave here, and they fitted the lettering, all would have took half hour.

After a few weeks, the builder sees only one payment of £4200. The builder contacted the customer, the wife said she thought all was paid. The builder mailed and mail, and it took a year for the husband to get back, he said he made a decision, and without talking it out with the builders, that as they took a little longer, maybe 3/5 days, that he decided that the job was only worth £4200, and thought he could keep the £1800.

Is making dissensions like that taking the law into your owe hands and a criminal offence. Is this a total cheek and audacity. Also is it against the law to go back on an E-Mail quote that the customer agreed too.

Is there anything please the more speciality in this subject, would like to add

The builder will take £200 off the original price, if nothing going to small courts.

Thank.
   

dunstonh

Is making dissensions like that taking the law into your owe hands and a criminal offence. Is this a total cheek and audacity. Also is it against the law to go back on an E-Mail quote that the customer agreed too.

It's a civil matter and one that can be handled via the small claims court at very little cost to the builder.

The builder will take £200 off the original price, if nothing going to small courts.

The court looks favourably on attempts to resolve matters without involving the courts.

The scenario is likely to see the courts side with the builder and award costs against the customer.

masonic

Covid would put this in 2020. There was a year chasing for the remainder of the payment. That leaves a gap of about 3-4 years.

Just be aware of the limitation period of 6 years for a civil court claim. I would not leave it another few years before doing so.

rob7475

Are you the customer or the builder? 

The builder has been very patient letting it drag on this long? From what you have said, the customer held the builder up towards the end so the builder had to spend another day on site. The customer is lucky the builder didn't charge for the extra time on site.

The trades get a lot of bad press. Cowboy customers are also a massive problem

Mistral001

This thread should perhaps be moved to the small business sub-forum.

It is breach of contract for the money to be held back like this.  Note, there is a legally binding contract here as there was an offer to do the work for a certain amount of money and that offer was accepted. 

saajan_12

willywonka1 said:

Hi,

Builder quoted for work on a house by E-mail, customer said yes to E-mail. £6000. The job went on a little longer as they sent the wrong windows, it was Covid, and the customer build something in front of were they were working, this slowed them down the last day, so had to come back one more day. After they said they were happy, builder asked if there was anything more to do, they said don’t think so, we will put those few bolts in if you leave here, and they fitted the lettering, all would have took half hour.

After a few weeks, the builder sees only one payment of £4200. The builder contacted the customer, the wife said she thought all was paid. The builder mailed and mail, and it took a year for the husband to get back, he said he made a decision, and without talking it out with the builders, that as they took a little longer, maybe 3/5 days, that he decided that the job was only worth £4200, and thought he could keep the £1800.

Is making dissensions like that taking the law into your owe hands and a criminal offence. Is this a total cheek and audacity. Also is it against the law to go back on an E-Mail quote that the customer agreed too.

Is there anything please the more speciality in this subject, would like to add

The builder will take £200 off the original price, if nothing going to small courts.

Thank.
   

What builder is waiting weeks for payment, a year for a response on the rest of the payment, and 3-4 years  (as you say covid) before thinking about next steps?! 

I've always had the builder or trades person waiting before leaving for a cheque / cash / FP transfer to be made before they leave the premises unless I've known them for years. 

Memories will only get fuzzier, evidence will get harder to find and people can move.. if the buiilder wants to follow up on this they need to do so quickly with a LBA and money claim online. 

elsien

rob7475 said:

Are you the customer or the builder? 

The builder has been very patient letting it drag on this long? From what you have said, the customer held the builder up towards the end so the builder had to spend another day on site. The customer is lucky the builder didn't charge for the extra time on site.

The trades get a lot of bad press. Cowboy customers are also a massive problem

I wouldn’t be saying patient, I would be saying unbusinesslike and not doing themselves any favours. 

Grumpy_chap

willywonka1 said:

The builder mailed and mail, and it took a year for the husband to get back, he said he made a decision, and without talking it out with the builders, that as they took a little longer, maybe 3/5 days, that he decided that the job was only worth £4200, and thought he could keep the £1800.   

That seems like a reverse logic to me.

Builder quotes £6k for the job.  Fixed price.
The work takes longer than anticipated.
The customer therefore thinks the work is worth less than quoted.

Normal logic would suggest that, if the work took longer, the effort (value) is higher but the builder has to suffer the loss because of honouring the fixed price.  
Not the builder suffers the loss of the extra time and also has that time value deducted from the cost of the job.

willywonka1

elsien said:

rob7475 said:

Are you the customer or the builder? 

The builder has been very patient letting it drag on this long? From what you have said, the customer held the builder up towards the end so the builder had to spend another day on site. The customer is lucky the builder didn't charge for the extra time on site.

The trades get a lot of bad press. Cowboy customers are also a massive problem

I wouldn’t be saying patient, I would be saying unbusinesslike and not doing themselves any favours. 

Hi,
The builder got to be friends with the customer's. Also the wife said she thought all was paid, be he got hacked, builder was giving them time, and as time goes so fast when your 59. But did not except him to not pay so much.
Builder is going to give two weeks warning then small courts. Do you think builder should take £200 off. And the builder is going to say hes going to go for the 8% you can claim per year.  

willywonka1

HI ALL,
Thank you all for your help.

WIAWSNB

willywonka1 said:

elsien said:

rob7475 said:

Are you the customer or the builder? 

The builder has been very patient letting it drag on this long? From what you have said, the customer held the builder up towards the end so the builder had to spend another day on site. The customer is lucky the builder didn't charge for the extra time on site.

The trades get a lot of bad press. Cowboy customers are also a massive problem

I wouldn’t be saying patient, I would be saying unbusinesslike and not doing themselves any favours. 

Hi,
The builder got to be friends with the customer's. Also the wife said she thought all was paid, be he got hacked, builder was giving them time, and as time goes so fast when your 59. But did not except him to not pay so much.
Builder is going to give two weeks warning then small courts. Do you think builder should take £200 off. And the builder is going to say hes going to go for the 8% you can claim per year.  

No discount if he has to pursue this. The £200 was an incentive to pay up before any proceedings.
He can keep that option included; 'You are required to pay the outstanding balance for works as agreed (include invoice, and receipt for the paid amount) by the by Xth June, (say 2 weeks). Payment received by the Xth can include a £200 discount = £1.8k. If not fully paid by the Xth, civil action will be taken to recover the full outstanding balance of £2k without further notice.'
No idea if that is suitable lingo - hopefully others will confirm.
If they don't pay by the Xth, then the builder should begin action without giving any further notice, for the full amount, and see it through if needed. I would not stop this action until either he coughs up the full £2k, or it's successfully completed, which will almost certainly be in the builder's favour. Once started, I wouldn't stop, not unless the customer pays the full amount. 
No, I wouldn't add interest, unless it was included in the contract from the off. And, also because the builder also seems responsible for dragging heels. I think KISS. 
2 weeks more - that's it. Payment or action. 1.8 or 2k.