Advice needed - poor workmanship?

[Karen79]

With regard to the payment situation. The Law likes to use the term "reasonable" when to comes to payment and withholding money.

You have what appears to be a useable bathroom, not particularly well finished but at least serviceable to a degree.

From a legal standpoint it is important that you are seen to be reasonable should this eventually go legal.

Withholding the entire payment is not reasonable, however making a part payment being accompanied by a snagging list detailing exactly what needs to be rectified is reasonable. Once this work has been completed then the balance is payable.

The percentage is down to you to figure out and I guess would also be effected by the products supplied. i.e. if the suite was supplied by the plumber then it would be unreasonable not to pay for items supplied as you now have the items. However if this is a labour only situation then I'd be inclined to withhold say 50% or so. Taking this position strengthens your case considerably.

I have just got off of the phone with the plumber, he has has received my letter and wanted to discuss how we can move forward. He said he did not want things to get messy and was hoping we could sort things out amicably between us and reach an agreement that is fair.

I then explained that the cost of rectification is most likely going to cost around the same as his final invoice and then we have to buy more tiles as well so we are most definitely going to be out of pocket, I asked him what he thought was fair under those circumstances? After much discussion he has agreed to walk away with nothing and has said he will confirm this in writing as I said that I was not willing to have anything done to the bathroom by someone else until we have reached an agreement officially. I said I wanted to cover my back so that he cannot try and make a claim against me further down the line once the evidence is gone.

To be fair, he was very apologetic and said that he was really sorry for all the inconvenience he has caused. If I do get confirmation from him in writing that he is happy to walk away and "draw a line in the sand" as he put it, then I will consider myself extremely lucky on this occasion and ensure that I am more careful when choosing tradesmen in the future!! I really do hope he is not trying to pull a fast one somehow but surely if I have a letter from him saying he is happy to walk away without payment then that would stand up in court if he did ever try to chase payment from me?

 

[Brian the Tile]

Just looked at invoice, he has used 2 sheets of 6mm ply, not sure whether it is outdoor quality, it doesn't say?

Might as well have laid the tiles on cardboard ,no good whatsoever

 

[Bond]

I have just got off of the phone with the plumber, he has has received my letter and wanted to discuss how we can move forward. He said he did not want things to get messy and was hoping we could sort things out amicably between us and reach an agreement that is fair.

I then explained that the cost of rectification is most likely going to cost around the same as his final invoice and then we have to buy more tiles as well so we are most definitely going to be out of pocket, I asked him what he thought was fair under those circumstances? After much discussion he has agreed to walk away with nothing and has said he will confirm this in writing as I said that I was not willing to have anything done to the bathroom by someone else until we have reached an agreement officially. I said I wanted to cover my back so that he cannot try and make a claim against me further down the line once the evidence is gone.

To be fair, he was very apologetic and said that he was really sorry for all the inconvenience he has caused. If I do get confirmation from him in writing that he is happy to walk away and "draw a line in the sand" as he put it, then I will consider myself extremely lucky on this occasion and ensure that I am more careful when choosing tradesmen in the future!! I really do hope he is not trying to pull a fast one somehow but surely if I have a letter from him saying he is happy to walk away without payment then that would stand up in court if he did ever try to chase payment from me?

Congratulations looks like you have a good result in the bag. If the dispute had gone to court there was no guarantee of such a favourable outcome. The fact that the guy has the decency to apologise suggests that he was not the out and out cowbody some have branded him. Rather someone lacking the skill and knowledge required to complete the works to achieve customer satisfaction. In any case it is worth exercising caution until you see the contents of his letter.

 

[Paul Russell]

I have just got off of the phone with the plumber, he has has received my letter and wanted to discuss how we can move forward. He said he did not want things to get messy and was hoping we could sort things out amicably between us and reach an agreement that is fair.

I then explained that the cost of rectification is most likely going to cost around the same as his final invoice and then we have to buy more tiles as well so we are most definitely going to be out of pocket, I asked him what he thought was fair under those circumstances? After much discussion he has agreed to walk away with nothing and has said he will confirm this in writing as I said that I was not willing to have anything done to the bathroom by someone else until we have reached an agreement officially. I said I wanted to cover my back so that he cannot try and make a claim against me further down the line once the evidence is gone.

To be fair, he was very apologetic and said that he was really sorry for all the inconvenience he has caused. If I do get confirmation from him in writing that he is happy to walk away and "draw a line in the sand" as he put it, then I will consider myself extremely lucky on this occasion and ensure that I am more careful when choosing tradesmen in the future!! I really do hope he is not trying to pull a fast one somehow but surely if I have a letter from him saying he is happy to walk away without payment then that would stand up in court if he did ever try to chase payment from me?

Made up for you hun.

 

[Time's Ran Out]

You get your letter and sit for a while with what you've got.
When your ready to start the process again have a look at the work done by forum members and get them involved.
Remember you've still got to pay to have it all removed so take your time.