Daydream fund challenge part 4

I think Choille was involved in some of the political threads... so it may have been a mass cull. I find I have to just ignore an awful lot of idiots or I'd have been banned long ago!

I think with the conservatory company you need to take it a step at a time. Get it done, and then negotiate on price - you'll have a comprehensive list of the issues, and how badly they dealt with it, so a defensible case for not paying as they didn't deliver, and have massively delayed completion as a results. I tend to prefer completion bonuses for work done on time, but penalties for delay are normal in the construction industry.

Re. American willowherb - before I go out destroying is that the small pink thing? Should I be destroying it?

I keep finding slugs in the growhouse, so need to get stuff planted out. I'd intended to do it last week, but kept putting it off because the weather was awful. Which is lucky as we had a 4 hour thunder and hailstorm on Friday, with torrential rain. There was a lot of flooding, and it rained most of yesterday too, so things are pretty waterlogged, although water levels in the stream have dropped back down pretty quickly (I must do something about the weed though... I was going to take out a third of it on Friday...)

Ditto what Alfie says. If you're doing it do it right and how you want it don't settle for secondbest.


L

Davesnave wrote: »

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What do you guys think? They'll not go legal, and even if they did, we'd have lots of ammo for a counter-claim (small claims, no lawyers, we can handle it.....I think!:o )

Arrrggghhh! :(:(

Way I try to figure out this kind of conundrum is to put myself in the other party's shoes as completely as possible. List to myself all the ramifications for them (loss of face is a common one that small-business builder "blokes" can't face, that I can, for example). What are they currently losing? What are they losing day-by-day? What else is it costing (obviously the costs not yet paid, also bad publicity, hold-up on another job, bad feeling in work crew... ) everything.

Then I sleep on it.

.. and then try to find a way that's likely to appeal to them as as positive an exit as they are likely to get, saves them face, allows them the appearance of holding the moral high-ground, yet finishes off in my favour.

{Diversion of an example: I had a useless general builder do some rebuilding and plumbing in a bathroom for me fifteen years ago; hopeless, cost him an awful lot for all his copper & time, two-week estimate, and he was still unfinished by week four, but needed much re-doing - which I could do myself. He'd saved me the time I hadn't had at the time, and done all the really smelly, filthy & dusty stuff, but he hadn't the skill to get the pipework into small enough spaces, and he'd effectively given the bath two U bends, by dint of running the waste pipe down then up hill, so it wouldn't drain, and botched the shower.... Stalemate; he couldn't finish, but needed/wanted payment, I didn't want the hassle of getting someone else in/legal.... and he was actually a nice, honest (but extremely thick) guy. So, I paid him more! I got him in to do a patio and surrounding wall for me, so I could "have his help" to finish the bathroom plumbing myself, as I'd have the time, as I'd (honestly promise ) allocated the time to do the patio myself (NOT!).

I barely needed his help, but invented reasons to consult him for advice. He contentedly did the patio, held the end of a piece of pipe occasionally, and was genuinely pleased not to have to finish. He even gave me a hefty reduction on the patio pricing, and admitted I'd helped him out of a hole.... I was much happier doing the bathroom than the patio!}

So, I'd offer a small amount towards the resolution, possibly to better any cheaper, easier resolution, and avoid a botch fix. Maybe pay towards new roof profiling... depends on the details of your "fix".. Or, you could have them renew another house window (if you want one done) and not worry they overcharge for that by a £100 or so...

I would make it clear this is a time-limited offer, and that if they don't act, you'll simply ask for them to remove all their unrequired fixtures and fittings within 21 days, and make good the damage, or you will then sue them.

However, one problem that you've given yourself by the delayed timescale is they are now in their busy season, and any resolution takes men off a paying job, putting them onto your (non-paying) one.

I think time-playing is now neutral; they've delayed getting payment long enough they'll survive it now, but you just want/need the danm job done and dusted... Your need is as great as theirs now. I'd push for a speedy resolution, or suggest legal action from now on.