Wednesday, February 4, 2009

Builder is asking for payment without starting work? -

We were going to use a builder for some work, however he has messed us around - not had good communications and now I have mentioned that we may not go ahead with him and he is saying he has bought materials for this job and indicated that we will have to pay. Legally do we have to pay? We ve got nothing in writing from him and he has verbally broken his agreement as he was meant to start the job on Thursday. Any advise would be appreciated.

just wondered if you watched Watchdog the other nightA similar story came up where a driveway was being done without the customers final agreement, as she d not agreed anything in writing and had said no to it going aheadIn the end they didn t pay a thing as there was no written contractPersonally this outfit sounds like a scam, as no decent business would ask for money for materials, as they would always have cash flow for thisPlease get rid of them because they sound like something out of Rogue Traders on BBC 1.

The situation is unclear. If you agreed his estimate and asked him to start, a contract is in effect. Call his bluff by asking him to provide you with copy invoices for the materials that were to be used on your job. If he can t, or won t, give you these items, tell him to go away. If he can you will have to consider your position a little more carefully. You either proceed with the job or pay him for the materials he has bought once he has passed them into your possession. Not before!

Even though you have nothing in writing (that s a big mistake on your part) there is a verbal agreement which is binding in law. You should have made an agreement on what was to be done and how it should be paid. We paid 25% of our new kitchen up front to allow the fitter to buy what was required, then 50% when the job was finished and the remainder when the last bits and pieces had been done and dusted. I would suggest you have a meeting where you both agree on terms that suit you both. He is entitled to some money up front as he will have things to buy and maybe even other workers he has to hire in. Do not pay him the full amount of the job before it is finished. If you need more advice speak to Citizens Advice as they will be able to advise on all the legal aspects of the work.

I can tell you the answer in English Law.The absence of a written contract makes no difference one way or the other. A verbal agreement is equally binding - so, what have you agreed exactly?Usually the failure to do something on time will not entitle either party to avoid or vary the contract unless it was agreed beforehand that time is of the essence .Builders are not entitled to payment until the job is finished unless you have agreed differently.

If an agreement was not signed, and he broke a verbal agreement then you do not have to go ahead.You do not have to pay for anything. Full Stop. Untill the job is completed.If he threatens you with all the Bulls**t, tell him you will have him for harassment.Don t stand for it. Go elsewhere.

no never, because nowadays it is difficult to trust someone,even now you are still thinking to trust me or not. at first tell him to show what he has done(I mean your job) and they pay him. usually polish or eastern eu people ask before they start.trust me many people had kind of situations.

A verbal agreement isn t worth the paper it s written on Ignore him and find a new contractor and get everything in writing, along with finish by dates.He may threaten you with legal action, so be sure there is nothing in writing he can use against you

legally you do not have to pay him, unless you signed a contract saying that you would pay him. then you have to pay

I would say definitely not. If you had nothing in writing he does not have a leg to stand on....If any problems take advice from your Office of Fair Trading.

I wouldn t pay him a dime. If he s this bad now he ll ignore you totally when he gets your money.

say no

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