unpaid builder

[kibbles]

In May of this year we decided to have our patio laid. We already had the flags so just wanted the labour. I was on a college course and met on the course a builder who was also the construction tutor at the same college. He offered to give me a quote, which he did of £1800. We shopped around and found the quote competitive with others so accepted his.he said he would work round school hours which we agreed so long as it was finished for our daughters birthday BBQ on the 19 Aug, and we were going on holiday on the 20th. He started work on the 7thof June, and though somewhat erratic with his presence he had the flags laid by the middle of July. He came to us then and asked if we could pay him up to date for the work he had done, and asked for £1000. We were happy with the standard of work at that pointso handed over the cash. That was the last we saw of him. Despite us being happy with what he had done he hadn't finished the job
, and it needed pointing and finishing. The bed and flags are 7 ins deep so that's alot of pointing over 70sqm. On top of this he left behind his tools, power and hand tools, grinders cementmixers etc which have taken up nearly a third of our garage. We have tried to contact him many many times since Aug and he has not replied once. In the end we had a family member do the pointing for a Sunday lunch. We have provided all the materials. Now the builder has texted me to say he is coming round for the rest of his money. No mention of his stuff we have had responsibility forced on us foe or finishing the job. My other half is working abroad and I'm a little scared about what my rights are if he comes round. Can anyone advise please?

[jackthehat]

Refuse to pay any more than you already have.

He didn't finish the project; and as you had agreed a price for the complete job, he has no right to ask for the remainder.

You *must* return his tools to him and you may be advised to take a series of photographs now to ensure that there is no discrepancy in the tools nor their condition.

Can you have a relative (male, if possible) present when he comes to collect his tools?

If he presses you for full payment, give him the name of your solicitor and tell him that you will only deal with him via your solicitor.

[kibbles]

I have absolutely no intention of hanging on to his stuff a moment longer than I have to. I dont want the responsibility of them. He even came once and took his cement mixer to go do another job , taking it and bringing it back while I was at work. I was frantic over night thinking it had been stolen and he wouldn't answer his phone. I've asked him 17 times since august to collect them as we can't use the garage.

Thanks for your answer it is helpful.

[magsmay]

Hi kibbles. Turn the tables on him -text him back saying he is getting not another penny put of you and that if he does not come and get his work tools by the weekend then you will sell them to pay for storage costs incurred while left at your house. Do not pay him a single penny -this is disgraceful -you have already paid well over the odds -£25 a square metre for the work he has done (we are a firm of builders) and stored his gear.

[kibbles]

Thanks Mags. Fingers crossed!

[The Builder]

Don't be intimidated Kibblers. A contract was established, and he broke it. You were quite right to have someone else finish the job.
You were also more than reasonable by safely housing his kit all this time.
I couldn't agree more with Jack's post.
He'll collect his stuff, possibly sound off, flounce, and go away. Believe me :o)

[Mosaic]

He sounds a real nit. Coincidentally a similar tutor who worked in same place as OH offered to do our bathroom as a 'foreigner' some years ago. Five weeks of mysterious comings and goings, disappearing to 'the merchants' and not returning, showing up for a days work at 8 o'clock at night was enough and we paid him what was owed to that point and showed him the door.
Years later I discovered that the fitments he had installed had been glued together, and a toilet cistern overflow ended in mid-air.....
....and this was someone teaching these skillls.....

[sinderella]

and report him to the college
he is well out of line

[kibbles]

thanks all...you are all echoing what i want to do...but just dreading having to do it...xx

[lcg]

do make sure you have pictures of his tools before he comes to collect them. it will be useful to have someone there when he comes....could they not video the encounter to ensure that all remains peaceful and above board? i did this once with someone who did some work on a friends house. i've never seen somebody turn so purple and flounce off in a huff (well it took him a while to load all the stuff. make sure the gear is outside your garage when he comes and the doors are locked. and call the police if there are any shenanigans x

[sunny-dave]

I would be happy to come and do my "large bloke leaning on a motorcycle" act if you are within range & give me enough notice of when you need backup ...

... but whatever, don't give in to the bloke.

dave x

[kibbles]

hi thanks for the answers. The guy actually turned up this afternoon for his money. He didn't know we had had the pointing done but when i told him he said he wants five hundred and fifty quid to be even. Wouldn't accept that I could 'charge' him for storage, instead said that he had left the stuff here for when he got round to finishing the job, which is interesting to say he had come round for the remainder of his money prior to finishing the job, when he didn't know we'd done the pointing. Told me that if I went to a solicitor then he would put 20% vat on the total, and persue me through court for the full amount (as it is I still have his quote n a scrappy bit of paper). He said I'd never texted or called him, and when i showed him all the texts and calls i had made to him since May, he said it was not his problem if he he had not received them, and if i made an issue of it then he would say he had texted me and that I had deleted his texts. He also said that he could charge us a hire fee for using his gear, even though we haven't, but it would be down to us to prove we hadn't. I told him to take his stuff and he is coming back Tuesday...

[jackthehat]

He's completely trying it on!!

Point him in the direction of your solicitor and have done with it!!

[megfitz]

When he comes back record him on your mobile, a friend had similar probs. with electrician and played his threats back to Trading Standards.