How does one obtain payment for completed work.?

vivandorron | 18:29 Mon 30th Aug 2010 | Law

14 Answers

A relative of mine , with a wife and two very young children (2 & 4yrs of age ), is working as a self employed Carpenter.

Recently he was engaged to fabricate and erect a garden summerhouse for the agreed sum of £500. However, at the request of the customer, a few alterations were made to the designed structure. It is now the case that the customer is withholding payment for the erected building on the basis that it is not up to expectation.

Accordingly, I would like to know what is the legal position in such a case; and, if possible, to be advised a course of action which could be adopted to secure payment of the amount involved.

Ron.

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bednobs

hiya, i'm not sure if you are saying the customer is witholding payment because of poor workmanship, or because they changes weren't agreed?

vivandorron

Question Author

The changes were at the request of the customer who is now not happy with the finished result. I honestly do not think that there would have been bad workmanship. More a case of perhaps the customer wanting the summerhouse for next to nothing.

Ron

vivandorron

Question Author

Apologies for my error. The summerhouse was costed at £2.700 and £500. has been withheld from payment.

Ron

boxtops

For any work I've had done at home, of this sort of value, I would always withhold a small percentage of payment to allow for "snagging", where things almost inevitably have to be put right. I have indeed withheld that percentage where things have been incorrect and the builder's not be able to remedy them. However I do make this clear when I sign the contract, that I will withhold the final 10% until I've inspected, and rectifications made if necessary.
Does your friend have all the requested amendments in writing, with appropriate sketches, and the customer's acceptance of them? Did he indeed get a signed contract for the original work? Does he have his terms and conditions for payment on the back of his contract documents?
As a customer I will never instruct work without documentation and I hope he has done the same and this is not all verbal instructions.
What does the customer want? - can the "problems" be rectified quickly without further cost, so your friend can get the balance of his money?

tamborine

Write & ask for payment in 2weeks, if no payment file small claims Court - Bad Debts, here:

http://www.hmcourts-s...bout/claims/index.htm

vivandorron

Question Author

Hi boxtops...I appreciate what you have said and feel perhaps I need some more details about why the final balance has been withheld. I honestly don't think it was the sort of job where formal contracts were exchanged because of the small scale business involved.

tamborine...You are certainly thinking along my lines. I would certainly ask for settlement within two weeks with the County Court being mentioned as the next stage if settlement is not effected..

Ron

Mojo-Jo-Jo

I'd dismantle 500 quids worth but that's just me ;)

boxtops

Ron, I wouldn't call £2700 "small scale business" - when I'm asking tradesmen for work, I want written quotes for everything. £2700 is a substantial job!

vivandorron

Question Author

I do agree with what you are saying boxtops. Hence the reason for me now wishing to have further info from my relative; from whom I am awaiting an E/mail.

Mojo-Jo-Jo.... Perhaps both you and I could afford to write-off £500. but I don't think my hard working relative can.

Best wishes both ....Ron

Mojo-Jo-Jo

I certainly can't write off 500 quid.
I was joking. I'm sorry if I offended you.

tamborine

Wish I could mamby-pamby with living costs - bills increase without my agreement and am cut off if I dont pay..........

Customer asks for work to be done, terms & price are agreed. Work completed in accordance = PAY UP, or else !

vivandorron

Question Author

Please smile Mojo...No way did you offend me. I now feel richer than you on my OAP.:-)

tamborine..Spot on with your opinion.

Ron

Nosha123

he needs to put all communication in writing now..

write to them asking for response as to what are the defects/snaggings...

what were the payment terms? If there is something they are genuinely unhappy with then fair enough to withold a set amount - but once rectified must be paid up in full.

If there is nothing wrong with it - and the faults are due to them changing the plans - then this is arguably their own fault. Were these flaws pointed out prior to the alterations?

I know the feeling of chasing money! My husband is owed £2500 and the customer is a lawyer and is being difficult - despite the snagging list all being completed satisfactorally

vivandorron

Question Author

Hi Nosha123.....I appreciate your having responded on this matter. Your advise is similar to that which has been given by Solicitors whom my relative has now contacted. Hopefully he is now fully equipped to proceed further with a view to being paid in full.

In the meantime I thank you and all other correspondents for sound opinions and advice which has been given in this instance. Also I hope Nosha that your husband finds a way of collecting the money which he is owed.

Best wishes...Ron.

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