problems with business!

[tigwig]

I apologise in advance because this is going to be longwinded but here goes. My hubby has recently started working for himself as a bricklayer/builder when he did a job for a distant relative which was the blockwork for a gym. When quoting for the job my hubby was told by the main contractor for the job there was 50 square meters of blockwork to do. He then said he would do it for �12 per meter. It took him 6 days to do it and he was paid part cash and part cheque of �600. Now weeks later the main contractor has informed the distant relative that there actually wasn't 50mtrs of blockwork but 27. They have all now said that my hubby has to pay the rest of the money back which is around �280 ish. Given the fact that they had all that work done and it took 6 days for my hubby to do it then we feel it was a very fair price regardless. In fact if they hadn't have been relatives the price would have been more. The relative has now paid out of his own pocket the difference to the main contractor as he said he was going to take us to Court over it. Nothing was written down over this it was all verbal and they can't prove how much they paid my hubby because half was cash. We think the contractor was in the wrong because if he had told my hubby the right amount of work to be done then the price of �12 a meter would not have been said. No way would he do 6 full days work for �300. What shall we do now? Pay them back or say forget it take me to Court you've no proof. Any advice would be great sorry its so long!!

[bednobs]

Blimey, thats a bit of a pickle. Sorry, but it sounds like they probably have the right to ask for the extra money - would you want to put a relationship with your relative at risk for 300 quid?
Im sure someone with law knowledge will help, but didnt mr tigwig realise he was doing 1/2 the work they had asked him to do?
if you have accounts then of course they will be able to prove what they paid.

in my mind, if mr tigwig quoted 12 punds per sq meter then thats what he should get paid, unless he is charging by the day, time taken to do it dosent count - he could have sped up and taken 3 days, or slowed down and taken 12 days, but he will still have done the same amount of paving

[sandbach99]

Your husband was paid in full therefore at that time the main contractor was satisfied with the work your husband had done. If someone later changed their mind or had told your husband incorrect measurements there is no reason for your husband to refund any money.

Having said that the relative or contractor could give your husband an unfair reputation for bad workmanship which could cause problems in the future.

I assume your relative is now asking for rthe money back, unless you want a family feud try to come to an agreement.

[sandbach99]

Sorry did I misunderstand how many metres your husband did, did he only do 27 when he was asked to do 50, if so why was he paid? was he suppose to go back to finish the job and didn't.

[tigwig]

you got it right sandbach he thought he had done 50m because that what he was told it was later on that the contractor said it was 27.
In hindsight of course he should have measured it himself before quoting but he didn't.
This is all so stressful now its bad enough trying to scrape by on what he is earning without having to find money to pay back. The relative isn't exactly a friend and is barely family at all but they have paid the contractor so now they are the ones out of pocket. I think they should have left it between hubby and the contractor instead because I don't think it would have gone to court as theres no proof of anything. I just want to know legally where we stand.

[factor-fiction]

I'm puzzled. Your husband quoted per square metre. He then spent 6 days on a job that turned out to be only 27. Now he claims he should be paid for 50 metres because he spent so long. But he quoted per square metre so he should pe paid by square metre. The six days isn't relevant.

However if he had actually priced up the overall job at �600, regardless of the tile area, the he should keep the �600.

Maybe a compromise could be in order as both parties miscalculated. Split the difference?

[tigwig]

thats sort of what I thought too but it seems the contractor who got his figures wrong in the first place gets off scot free. We don't have any spare money so even to find a �100 or so is difficult.

[Info Bank]

Get them to take it up with the contractor as it was his mistake in the first place ....The contract was with him mainly.

The price Quoted was a preferencial rate for friends /Family.

Get them to take it up with the Contractor....Are they happy with the Job your Husband done????.

[tigwig]

oh yes they are very happy with the job done. They did take it up with the contractor who said it was my hubby's fault and denies saying it was 50 mtrs in 1st place. Cos he said he was going to take my hubby to court the relatives paid him out of their own pocket now they are the ones who want the money back. Like they'd find any bricklayer to do 6 days of work (and I mean work not taking time) for �300.

[Info Bank]

I would call the contractors bluff on this one.
Time out to attend court will cost him a small fortune and he has every chance of lossing.

[tigwig]

thats what I thought info bank but the relative has paid the contractor the money so it is the relative we owe to now!