nwgull
Well-known member
Verbal contracts are legally binding.
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Advice needed - Fencing job not completed as expected
- Thread starter Bad Ash
- Start date
Verbal contracts are legally binding.
Beach Hut
Brighton Bhuna Boy
So what happens in arbitration when one says one thing and the other something else ?
Dont agree, as said before a deposit is required for many jobs, there are cowboy customers out there that love getting a free job.
nwgull
Well-known member
It's up to the judge on who he believes (in small claims court anyway). Chances are he/she would believe you when you said you wanted a matching fence, as this is what any normal person would want.
Justice
Dangerous Idiot
Sorry but this is bollocks, firstly a deposit preserves your capital and also it shows commitment from the customer.
Icy Gull
Back on the rollercoaster
- Jul 5, 2003
- 72,015
Not sure house insurance covers fences, in fact I'm pretty sure that it doesn't
seagullsovergrimsby
#cpfctinpotclub
Buildings would , home contents wouldn't.
Bad Ash
Unregistered User
- Thread starter
- #28
Thanks for the feedback. The plan today is to take photos of both fences and write an email which explains that a) the job looks unfinished and b) it doesn't meet the requirements to look like the original fence and ask how he proposes to rectify.
The quote is by email and doesn't really specify much at all. I have calmed down slightly now and know that I probably wont be chasing a full refund, but will possibly withhold a portion of the labour. As the fence is feather edged it's my neighbour who has the joints, so it was always going to look different (on the other fence I have the joints), so as long as he can sort out the top then I suppose I probably wont notice too much difference.
The quote is by email and doesn't really specify much at all. I have calmed down slightly now and know that I probably wont be chasing a full refund, but will possibly withhold a portion of the labour. As the fence is feather edged it's my neighbour who has the joints, so it was always going to look different (on the other fence I have the joints), so as long as he can sort out the top then I suppose I probably wont notice too much difference.
dougdeep
New member
Be nice to him or he might take a fence.
Nibble
New member
- Jan 3, 2007
- 19,238
In principle they are, in practice, not a chance. A good solicitor can get a client out of most written contracts, verbal ones are virtually impossible to defend. It will go like this.
Did you agree to build a fence in the style of the old one?
Yes
Did you agree to build a fence in the style of the old one
No
Favour of the defendant, gullible customer to pay all costs.
Ask him nicely, if he doesn't change it chalk it up to experience and carry on with life.
Garage_Doors
Originally the Swankers
Disagree, I'm small builder and never ask for a deposit, if initial materials are substantial ie over £1000 then i would only ask for a contribution.
HAILSHAM SEAGULL
Well-known member
- Nov 9, 2009
- 10,347
A close boarded fence, will feature vertical boards on horizontal rails. The boarding can only be on one side, so depending which side your neighbour has the boarding, then your side may be opposite, not technically incorrect, so will not necessarily look identical.
But if you have a capping on your neighbours fence, and you asked it to look the same, then he should have fixed a capping to yours.
Obviously, the post tops should be cut off.
I would e-mail him with a photo of your neighbours fence, and one of his fence, and tell him the labour costs/outstanding balance will be paid when these points are finished to
your approval.
But if you have a capping on your neighbours fence, and you asked it to look the same, then he should have fixed a capping to yours.
Obviously, the post tops should be cut off.
I would e-mail him with a photo of your neighbours fence, and one of his fence, and tell him the labour costs/outstanding balance will be paid when these points are finished to
your approval.
Exactly this.
Rowdey
Well-known member
Pretty much agree
In general i disagree.
Horses for courses, but clients
rolleyes can be slow and forget to pay, and often have their own financial problems You dont want to stuck on the wrong end of a job chasing them up. I've even had them asking to pay the last bit over two months..90% of my work is a £5-£10k job, excluding sanitary ware. All sanitary ware is paid 50% deposit, 50% day before delivery.
I ask for £200 in advance to 'hold' the date, and 25/30% of invoice total bank transferred on first day, with two 30% staged payments before and after tiling, and balance within 7 days of completion.
If it's a £100/£500 repair job, then always invoice afterwards.
Pretty much agree
In general i disagree.
Horses for courses, but clients
90% of my work is a £5-£10k job, excluding sanitary ware. All sanitary ware is paid 50% deposit, 50% day before delivery.
I ask for £200 in advance to 'hold' the date, and 25/30% of invoice total bank transferred on first day, with two 30% staged payments before and after tiling, and balance within 7 days of completion.
If it's a £100/£500 repair job, then always invoice afterwards.
A very fair way of doing things Rowdey, you have to look after yourself when running a business, i have been trading as a plumber for 11 years and keeping on top of getting paid is very important.
The debt collecting side of my business has only had to come out twice!! ( he is not a nice person)
Zen Frenzy
New member
We had similar problem earlier in the year. Job was done on bitter days in January and, to save time and get round tricky access on our side, one of the lads cemented in concrete supports on neighbour's side of the the fence. Cue much agitation and finger jabbing in chest from neighbour. My missus had already paid the bill in full whilst I was working away from home but the firm were great, understood the problem was theirs, and fixed at no additional cost. If they had said "tough s**t", not sure I would have had a leg to stand on as the job-spec had not been precisely defined. Lesson learned: always agree the detail upfront even if it makes you look anally retentive.
Vegas Seagull
New member
- Jul 10, 2009
- 7,782
Not sure if you actually paid him for the materials or bought them yourself. If the former I would, in the first instance, ask for the receipt for the materials for your records prior to the (any) labour payment. There is a fair chance this may not be forthcoming & if so then you have a further issue & handily further grounds for withholding the labour payment with no argument from him as it is now his 'move '
If he can produce at least you know this was the correct cost & not a concern
If he can produce at least you know this was the correct cost & not a concern
drew
Drew
Check the small print. Buildings cover quite often will exclude storm damage to fencing unless there is damage to the main building. Although some will include it if you upgrade the cover!!
Rowdey
Well-known member
Back in 2004, i landed a £90k job refurbing a big flat in South Kensington. The client was a friends dad, and he held out on the last £20k..i was crapping it, and investigated a debt collector, but was told by a very big Greek friend, that it's a last resort, and you dont want to be either side of debt collector..
Nice work tho.. turning someone elses £20k into £30k just like that..