What recourse do I have (if any) due to a trade not showing up causing additional charges.

fromtheshires

I have some work due on my house next week which needs scaffolding. 

I sorted a scaffolder who was aware of the work lead time, and when I confirmed the work date once the builder confirmed a firm start date, the scaffolders said they will have it up the week before so work can commence first thing on Monday. All of this is recorded in writing.

By 5pm last night it still hadn’t been set up. I was told it would happen over the weekend when I chased them in writing. It still hasn’t materialised at my property. 

Obviously theres always tomorrow to put it up but now I’m feeling as though it’s not going to happen because what trades work on a Sunday - but I’m willing to be pleasantly surprised!

If by tomorrow the scaffolding is not up, I’m either going to have to either delay some of the work which will have an additional cost as the builders will need to come back at a later date or have to potentially pay over the odds for another scaffolder first thing Monday in a duress purchase without any proper time to price compare.

Im guessing the answer is I’m SOL, but what recourse do I have due to a trade no show causing additional costs when it’s all recorded? No formal contracts have been signed but the back and forth should show its a written agreement.

Ive never been let down by a trade as of yet (I know im lucky) so have no idea about this kind of thing

mjm3346

Builder should have arranged the scaffolder so it would then be all down to them. Hopefully it will turn up tomorrow 

fromtheshires

mjm3346 said:

Builder should have arranged the scaffolder so it would then be all down to them. Hopefully it will turn up tomorrow 

You’d like to think but apparently he didn't know any scaffolders. He’s not a general builder and specialist in one area so his contacts are limited in general building in the area. 

TELLIT01

What work is being done?  It seems very odd that anybody even vaguely related to the building trade wouldn't either know a scaffolder or know somebody who does.

Section62

TELLIT01 said:

What work is being done?  It seems very odd that anybody even vaguely related to the building trade wouldn't either know a scaffolder or know somebody who does.

Or have the ability to do a google search on "Scaffolder [placename]" and take their pick.

But might be a case of getting the client to arrange the scaffolding to keep the cost off the books.

the_lunatic_is_in_my_head

Anything the trader says or writes forms part of the contract for the service, if they breach that contract you can claim foreseeable damages that stem from the breach. 

Enforcing this is the difficult part, if you have a local company that have been around for 20 years they're less likely to fold over a court claim, dodgy company or newly set up and even if you win less possibility of seeing the money. 

Hopefully they will get set up in time.  

Section62

the_lunatic_is_in_my_head said:

Anything the trader says or writes forms part of the contract for the service, if they breach that contract you can claim foreseeable damages that stem from the breach. 
...

I'd be surprised if their standard terms of business aren't referenced, and if they don't include something about dates of erection/removal being estimates and not guaranteed.  It would be rather foolish not to.

Emmia

Section62 said:

TELLIT01 said:

What work is being done?  It seems very odd that anybody even vaguely related to the building trade wouldn't either know a scaffolder or know somebody who does.

Or have the ability to do a google search on "Scaffolder [placename]" and take their pick.

But might be a case of getting the client to arrange the scaffolding to keep the cost off the books.

When we had work on our windows, we had to source our own scaffolder - the window company was clear there would be no work done until we had sent them  photos of the scaffolding being in place.

the_lunatic_is_in_my_head

Section62 said:

I'd be surprised if their standard terms of business aren't referenced, and if they don't include something about dates of erection/removal being estimates and not guaranteed.  It would be rather foolish not to.

fromtheshires said:

when I confirmed the work date once the builder confirmed a firm start date, the scaffolders said they will have it up the week before so work can commence first thing on Monday. All of this is recorded in writing.

If the agreement OP refers to was made before the contract was formed then this is two parties negotiating a contract away from the "standard terms".

If the agreement OP refers to was made after the contract was formed then this is two parties expressly agreeing to change the original terms. 

You can't make an agreement to supply a service at a specific date and then fall back on that with vague references to estimates, terms covering the trader's right to vary (in this case date of supply) are governed by the CRA and fairness requires the circumstances to be specifically laid out so the consumer can anticipate them beforehand and be accompanied by a right to cancel.

Of course if that has been done correctly and the specifically laid out reasons for delay applies then that is that and OP can cancel and find someone else (or stick with them and accept the delay). 

That aside if the trader wishes to stick to standard terms then when the consumer says "can you do x y and z" the trader says "no here are our terms". If that happens before the contract is formed the consumer can take the risk or walk away. If that happens after the contract is formed then the consumer is stuck to the original terms (assuming they had the chance to become accustomed to them before forming the contract) as that is one party not agreeing to the other's request to change the terms.