Contract/Payment Issues

Dublin212

Hi,

I had a refurbishment job done to my house.

The job started in January 08 was practically finished last May; there was a couple of small outstanding items and the snag list to be done, for which we had withheld €10K. Overall, we were very happy with the standard of work, bar some small things.

We gave the builder our snag list. He went off to do another job but we didn't press him as we were just happy to be in; we were on good terms with him and were happy he got another job in this difficult environment.

We stayed in contact during the Summer, and he repeatedly said he and his men would be out to finish the last bit of work. Gradually, we heard less and less from him until communication had stopped altogether with no sign of the work being finished.

We sent him a number of emails querying this, until finally we sent an email stating that from his non-response, we assume he does not wish to finish the job and will get somebody else.

We have yet to get somebody else - there's still a lot of rubbish left over from the builder in the back garden, so we need to do it soon - but basically, my query is whether or not we still have to pay the witheld €10K?

It seems to me that, given his work schedule had said that all work, including snag, would be finished by the end of April-08, and that it's now the end of Jan-09, that he is forfeiting the final payment?

Any help at all would be great, it's all very stressful!

Kind Regards

sinnerboy

Write to him with the snags a list of dates when you contacted him , the non responses . Say you would hate to go to someone else to finish his works , you want to pay him the rest of his money . But if he does not finish his works you have no choice not to pay him , have you ? Say you are stressed you know he's probably busy etc. etc. but you want his works finished please You also have no choice to seek funds from him if the cost of finishing his work costs you more then the € 10 k

Use a "nice" tone avoid legalise talk - for now . Keep it conversational / layman - for now

Suggest a date - say within a month for him to have all works sorted out

If this does not sort it - GET LEGAL ADVICE . To correctly , legally "dump" him

Dublin212

Hi Sinnerboy, thanks for the quick response!

I sent an email back in early December saying, in a nice tone, that we now assume he doens't want to finish the job and will be getting somebody else to do the work, does that count?

Or do you think I should re-send it? Seems ridiculous to chase somebody to give them money!

sinnerboy

At this point I would say - maybe give it one more shot - re send the email now )

But seek now to get a solicitor involved to disengage you cleanly , legally .

Slig

Write it in a letter and register postal. Keep a record of when it was delivered. If there is no response then contact your solicitor.

muffler

I will let this run for another couple of posts but as we are talking legalities it will have to be locked.

Dublin212

Oops! Sorry about that.

Thanks for the advice anyway.

Regards,

muffler

No more offers so I will lock this now.