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Anyone know how we would stand legally please.

ProfilePosted byOptionsPost Date

The Ego

The Ego Report 27 Sep 2005 12:43

As an experienced self employed person this is how it is............ An estimate is not legally binding A quotation is. He has been there one day and they are already moaning-he is at the preparation stage-whats the problem-sounds like poor communication to me,and that the customer isnt very practical. Lining the walls doesnt involve massive extra cost material wise but is very time consuming-he is not responsible for the state of the walls underneath. I think it just needs explaining to the customer about the practical costs,especially time-the customer cant be expected to be payin the same when lining the walls was never mentioned before. Suggestion=if he wants to continue the job-renegotiate what is needed to do the job in the form of a written quotation,stating materials costs separate to labour. I would say to the cstomer that they can buy the materials themselves-that way they know they are not being taken for a ride-and they have control over what choice etc.They cant moan then. he needs to establish an agreed price per room or day rate-better to have walked out after one day than after 6 !!

sandra rogers

sandra rogers Report 27 Sep 2005 12:31

hiya dawn. they sound like a right pair. i think i to would have walked out. after they got the leangh of my tounge lol.i have had to wait 2 mnths for a decorater. he starts next mnth. he charges by the day,£90 so i dont think i will be doing much talking to him.(this will be a first lol)he said its a weeks work x

Unknown

Unknown Report 27 Sep 2005 12:24

Dawn Tell him to go to Citizens Advice Beaureau. Least he will know definately what could happen and where he stands. And as he has sought proper advice, that will back him up too. As for the ex-customer, tell them to do it themselves if they're so bl**dy picky. Only kiddin' Seriously though, I would tell him to explain to them why he has walked off the job and that if he does decide to continue doing the work, then it is to be written down what the cost is and exactly what it covers AND SIGNED by both parties. He should do that for all jobs from now on, just to cover his back. It takes one bad word to spoil a reputation and forever to repair, if at all. If he comes across as trying to be polite and sort the matter out amicably, then they are less likley to say anything bad about him. Good luck and tell him to stick to his guns. Vikki xx

Cool breeze

Cool breeze Report 27 Sep 2005 12:10

Dawn, Personaly, i don't think they have a leg to stand on, they are messing him about, his time is money. Bill them for the work done, and leave the ball in their court. Micheal.

Dawnieher3headaches

Dawnieher3headaches Report 27 Sep 2005 11:14

Thank you everyone. They haven't phoned yet and have sorted him out a nice customer to go to tomorrow. Now just have to put up with him being in a grump the rest of the day.

Unknown

Unknown Report 27 Sep 2005 11:09

Explain that until they sort out what they want or don't want you won't be back explaining you can't work going by peoples um's and ar's - has worked for my husband. More often than not a lot of people find it difficult to make decisions with regards to decorating and building so perhaps your husband should be firm and explain that this or that would be best. As far as leg to stand on - no contract no firm deal. Lin

Dav

Dav Report 27 Sep 2005 11:09

Dawn - an estimate is just to price for work in a competetive market.. It does not bind you in any way.. It sounds as though they have nowhere to go on this.. Also - if you wanted to be really pedantic, you could bill them for the days labour.. Dav

marie from stoke

marie from stoke Report 27 Sep 2005 11:02

Doesnt sound like you have a problem then if nothings in writing! Marie

Dawnieher3headaches

Dawnieher3headaches Report 27 Sep 2005 11:00

Dav The only thing they have in writing is an estimate rest is jus done over phone.

Dav

Dav Report 27 Sep 2005 10:57

Dawn - it all rests on whether they had a written contract with a start date and work to be carried out detailed on that contract. If so, your fella is up an alley.. If not - its all hearsay and they haven't got a leg to stand on.. Hope it helps.. Dav... (Former Painter & Decorator)

Dawnieher3headaches

Dawnieher3headaches Report 27 Sep 2005 10:46

Steve is a self employed painter and decorator, the customer he was meant to be at this week he has just walked out on. He did estimate last year and heard nothing she then rang at the beginin of summer for a re estimate and he started yesterday. It is meant to be the whole house so was prices per room but they keep changing the goalposts. Over the summer he has had several calls querying bits and pieces. Last wekk when he wasn’t here she kept calling wanting different things done and always asking me how much the extra work would be. He started yesterday , stripped first room and making good the walls. Got back today and he complained about the roughness of the walls and why wasn’t some of the wallpaper taken off. Then announced they wanted it lined and how much would it be. Steve didn’t have any of the equipment he needed for lining it and the fella was moaning about what he had done yesterday even though it wasn’t finished. Does anyone know where we would stand legally if they decided to do anything about it. They have had a free days labour out of it. First time he has walked off a job and he is worrying now about what hes done.

Dawnieher3headaches

Dawnieher3headaches Report 27 Sep 2005 10:45

see below