Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Landscaper wants payment for work not completed

2»

Comments

  • #52
    B1gft
    Registered Users, Registered Users 2 Posts: 163 ✭✭B1gft


    Get Legal advice NOW. The last thing you need is for the contractor to hand the account to a debth collector. There is some serious collectors out there that you do not want knocking on your door. (There is also some very good one's, knowing your luck, the heavys will come knocking)

    It looks to me, the guy broke the contract, get a solicator to write to him, telling him the contract is termanated. Look for your first payment back (which you will have no chance of getting, but he might cut his loses and walk away)
    Get your family to do it, get them a pint or two for their work. Gave the wife a few bob and everyone is happy.


  • #53
    BoardsMember
    Registered Users, Registered Users 2 Posts: 4,574 ✭✭✭BoardsMember


    B1gft wrote: »
    Get Legal advice NOW. The last thing you need is for the contractor to hand the account to a debth collector. There is some serious collectors out there that you do not want knocking on your door. (There is also some very good one's, knowing your luck, the heavys will come knocking)

    It looks to me, the guy broke the contract, get a solicator to write to him, telling him the contract is termanated. Look for your first payment back (which you will have no chance of getting, but he might cut his loses and walk away)
    Get your family to do it, get them a pint or two for their work. Gave the wife a few bob and everyone is happy.

    Good advice. This is going nowhere, get some legal advice asap. Ask the solicitor how to deal with the contractor. No further contact would be desirable, but hopefully he'll take over all communication with him. Good luck.


  • #54
    edanto
    Registered Users, Registered Users 2 Posts: 2,809 ✭✭✭edanto


    Dave - no update in a week, I'm guessing that he just disappeared after the visit last week to try and get some money?


  • #55
    Kashkai
    Closed Accounts Posts: 3,399 ✭✭✭Kashkai


    Actually, no he did come back yesterday and relaid the patio on fresh dry sand, whacked it down and went away with a promise to return this morning with his digger to do the drainage as specified. However, no show today.

    He's been on the job since 24th April so its getting ridiculously protracted now (he originally estimated 2 weeks for the whole job). Even if the drainage and the garden was done in the next week, the garden won't be usable until mid - late August so my kids will be confined to the front garden where they need constant watching with the road and the boy racers heading to Mondello zooming up and down.

    At this stage, he should have gotten the message that he's not getting a penny until the whole project is completed. You'd think he'd just finish the job to get his money.


  • #56
    Sleipnir
    Registered Users, Registered Users 2 Posts: 5,513 ✭✭✭Sleipnir


    I'd say he's hoping to do just enough so that he'll be in a position to demand more money.
    "My men worked here for two days and they need to be paid" etc.


  • #57
    Minder
    Registered Users, Registered Users 2 Posts: 2,774 ✭✭✭Minder


    A couple of points about the earlier references to Debt Collection - Legally enforced debt collection is rarely an option in construction disputes while the dispute is unresolved. The process listed below cannot be completed because a court will not enforce recovery against a debtor while a dispute exists and is unresolved.

    The court would first have to refer the initial dispute to an arbiter either through a mechanism in the contract such as conciliation or adjudication, or refer the matter to a court for judgement. If the court found in favour of the builder, then a debt collection process may commence.
    From here

    Initial demand letter to debtor

    This letter will threaten legal proceedings unless payment is received within ten days.

    Issuing legal proceedings

    If a satisfactory response hasn't been received in that period, proceedings are issued in the District, Circuit or High Court, depending on the amount of the debt. The debtor has more time to respond and will either pay up, ignore the notice or decide to fight the case.

    Judgement

    If no response is given either way, then a judgement (a sworn statement outlining the debt owed and by whom) against the debtor is issued.

    Until such time as you have a formal dispute, you don't really need the services of a solicitor. Be clear and concise with your builder - he is in breach of the contract. You can write to him detailing the failures in the work or you can dictate the information to a solicitor and he will write the letter and charge you for the privilage.


Advertisement