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gobenn | 15:43 Fri 01st Jul 2011 | Law
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I received a written quote from a decorator which I accepted in writing.Is this accepted as a contract in law?
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Did you sign anything?
Has any work been carried out?
As long as any work hasn't been carried out, then you are free to cancel (I am guessing that's what you want to do.)
I recently accepted a quote from a removal company, in writing, but cancelled when I found a better company. There was no issue, I just called them and told them I no longer needed their services. They were absolutely fine about it.
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I don't want to cancel I want him to finish the job.We received a written quote which we wrote back and accepted.
I think you're going to have to explain in greater detail.........
Eh?
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He wrote a quote which we accepted in writing.He came and started the job but since then all we get is the odd email or text saying he would be here tomorrow or next week.We want the work completed.
Oh, I see. Sorry.
Have you paid him anything?
What you have agreed is the price against a rough specification (I hope you have at least a description of the scope of works) - nothing more.
Unless you contracted over a timescale or built a phrase like 'time is of the essence' into the contract, you cannot force him to complete the work to any particular timescale.
It is up to you to establish the quality of what he does is OK, and to (now) agree with him when he will complete the work. Once he agrees a completion date, drop him a brief note confirming the conversation about the completion date, and see if he sticks to it.
This is standard practice for far too many in the building trade, I'm afraid - have lots of jobs on the go at any one time. It spreads their risk and maximises the opportunity to assure continuity of work.
What have you done about paying him, so far ?
Write to the builder giving a reasonable time limit for completion of the work. Tell them you will cancel the contract unless it is completed within that reasonable timescale. Also tell them that you will pass them the estimates for completion of the work by other builders and will seek those costs. If they don't complete the work get estimates from other builders to complete it. Tell your current builder which estimate you have accepted and repeat that you will seek repayment of this from them. If they don't pay you the costs of completing the work start debt recovery proceedings against them in the County Court - or alternatively find a precedent 'statutory demand' online, fill it in and send it on them, stating that unless paid within the timescale in the stat demand (you can find the timelimits online) you will commence insolvency proceedings. (Just tell them this but DON'T actually do the latter - it's too expensive.

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