Neighbour contractor
Discussion
My neighbour is newly arrived from Spain where he has been a landscape contractor for 20 years.
He has taken on a landscape and paving job for another neighbour. Foolishly he did not provide a written quote, specification or contract. The house owner was also vague in terms of what they wanted.
His work is part way through and he has been sacked because it didn't meet what the houseowner was hoping for and was taking too long, despite having three men on the job every day for 10 days.
He would like to finish the job, it's important to him being the first job in the uk, he says no contract and quote is common for house jobs in Spain. The house owner wants another contractor to finish the work and has warned him that he may be charged for any remedial work.
I think he may be in trouble, would you agree.
He has taken on a landscape and paving job for another neighbour. Foolishly he did not provide a written quote, specification or contract. The house owner was also vague in terms of what they wanted.
His work is part way through and he has been sacked because it didn't meet what the houseowner was hoping for and was taking too long, despite having three men on the job every day for 10 days.
He would like to finish the job, it's important to him being the first job in the uk, he says no contract and quote is common for house jobs in Spain. The house owner wants another contractor to finish the work and has warned him that he may be charged for any remedial work.
I think he may be in trouble, would you agree.
Chance of him actually having to pay for any remedial work must be quite low surely? There's probably some weird precedent or law from years ago but with no contract, and without spending $$$$ on solicitors, the chance must be small?
Someone with more knowledge will be along shortly, but many times PH reaches for the 'he may be liable under XYZ' which has about a 0.05% chance of actually coming to fruition.
Someone with more knowledge will be along shortly, but many times PH reaches for the 'he may be liable under XYZ' which has about a 0.05% chance of actually coming to fruition.
K87 said:
I think he may be in trouble, would you agree.
What’s the money situation? If householder thinks they’ve paid too much they could go after him in small claims etc.Three guys for 10 days landscaping would be in the £10000s for a UK contractor so could be big stakes.
However with no contract or terms either way your Spanish mate is best walking away and having a contract next time.
Thank you all for your comments.
I have been up to see the work and it us of poor quality. The job at the front of the house was to take up a Tarmac drive to take two cars, make it level and then pave the expanded area to take three cars side by side. The site was very uneven and the blocks were about to be laid, the co tractor said it souls be okay.
There was also a landscaping job at the back of the house, the owner didn't think it looked good but was focused on the front.
The job is costing £15000 labour only without any materials of plant hire, total cost I am guessing at £20000+. The house owner did not obtain any other quotes or provide a specification or even showed the contractor another house with the comment 'I want it to look like that'. There is no doubt that both parties have been foolish and naive
I have tried to mediate and suggested that the contractor is allowed to finish the paving but only on the understanding that the site is level without the bumps and mounds. The owner is reasonably certain that the paving will need to be taken up, the site levelled and relaid, I understand that this task is easier said than done.
The contractor is back on site this morning but the two experienced people that have been on the job to date have refused to carry on with the work, having been paid daily so far, for fear that they will not be paid for the rest of this week. They have been replaced by the contractors 14 year old son, which opens another can of worms.
I have been up to see the work and it us of poor quality. The job at the front of the house was to take up a Tarmac drive to take two cars, make it level and then pave the expanded area to take three cars side by side. The site was very uneven and the blocks were about to be laid, the co tractor said it souls be okay.
There was also a landscaping job at the back of the house, the owner didn't think it looked good but was focused on the front.
The job is costing £15000 labour only without any materials of plant hire, total cost I am guessing at £20000+. The house owner did not obtain any other quotes or provide a specification or even showed the contractor another house with the comment 'I want it to look like that'. There is no doubt that both parties have been foolish and naive
I have tried to mediate and suggested that the contractor is allowed to finish the paving but only on the understanding that the site is level without the bumps and mounds. The owner is reasonably certain that the paving will need to be taken up, the site levelled and relaid, I understand that this task is easier said than done.
The contractor is back on site this morning but the two experienced people that have been on the job to date have refused to carry on with the work, having been paid daily so far, for fear that they will not be paid for the rest of this week. They have been replaced by the contractors 14 year old son, which opens another can of worms.
Eric Mc said:
Sounds like he’s a bit of a Spanish cowboy to me.
I’d have nothing to do with him.
He also seems to have little regard for the law or regulations.
Cannot disagree. No ppe, for example, I have given the boy some steel capped site boots, he was digging wearing what looked like plimsolls and digging out the drive. The father was using a huge saw for cutting the paving, no glasses or gloves and clouds of dust everywhere, the job is a complete mess to be honest, one of those jobs that should not have gone ahead.I’d have nothing to do with him.
He also seems to have little regard for the law or regulations.
In a construction situation like this, which are astonishingly frequent, the contractor is entitled to payment on a quantum meruit basis, which in plain English means he is should paid what the job he has done is worth.
Let’s say that the going rate for paving is £50 per square metre then that’s the value of the work. The cost of putting right defects is deducted. Of course this is the ideal breeding ground for small claims court disputes over pricing, quality etc etc.
If this contractor has done a rubbish job but been paid on a daily basis with not much owing it’s likely that it’s the last the householder will ever see of him.
In my experience the ‘I want to finish the job properly’ is blarney, designed to extract even more dough from the client who will still get a sub standard job.
Let’s say that the going rate for paving is £50 per square metre then that’s the value of the work. The cost of putting right defects is deducted. Of course this is the ideal breeding ground for small claims court disputes over pricing, quality etc etc.
If this contractor has done a rubbish job but been paid on a daily basis with not much owing it’s likely that it’s the last the householder will ever see of him.
In my experience the ‘I want to finish the job properly’ is blarney, designed to extract even more dough from the client who will still get a sub standard job.
Thank you all
The takeaway lesson that I hope he has learned is to sort out a contract and agreement before starting any future work.
I am leaving the two parties to sort themselves out but it would appear that he is still on site trying to make the site level.
Appreciate all your comments, it was a situation where there could not be a good outcome.
The takeaway lesson that I hope he has learned is to sort out a contract and agreement before starting any future work.
I am leaving the two parties to sort themselves out but it would appear that he is still on site trying to make the site level.
Appreciate all your comments, it was a situation where there could not be a good outcome.
K87 said:
Thank you all
The takeaway lesson that I hope he has learned is to sort out a contract and agreement before starting any future work.
I am leaving the two parties to sort themselves out but it would appear that he is still on site trying to make the site level.
Appreciate all your comments, it was a situation where there could not be a good outcome.
Staying out of it all is the most important conclusion you’ve made…The takeaway lesson that I hope he has learned is to sort out a contract and agreement before starting any future work.
I am leaving the two parties to sort themselves out but it would appear that he is still on site trying to make the site level.
Appreciate all your comments, it was a situation where there could not be a good outcome.
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