Legal obligation to pay?

alert

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Hi there,

Way back in July we had a number of tarmacadam contractors out for quotes, by the end of the month we had settled on the quote we liked and informed, (by telephone), said contractor that we'd like him to take the job. He agreed and said he should be able to start towards the end of September.

September came and went, we were unable to reach him by telephone so resorted, in desperation, to texting him. After a number of texts he finally deigned to call us back, now October, when pressed he said he'd be starting in three weeks, three weeks passed and still no show, again no answer on the 'phone until we texted that we need an answer for start date asap, he sent a lad 'round to spray the drive, said that he'd start the kerbing the following week. To our amazement that week passed too, then in the middle of the following week, following even more unanswered voicemails and 'phone messages we texted that if he doesn't return a defined start date by that afternoon we'd call the whole things off, (enough is enough, we had started this in July and had been hoping to have had the tarmac done for Xmas!). Sure enough no reply, ..until 11pm the next Friday night when he sent an abusive, and almost threatening, text saying that he wanted Eur80 for the spraying. This price wasn't mentioned on his quote and I know that if I had, instead, done that one hour's work, this Eur80 would not be knocked off his bill. After all the messing and delays he's put us through I don't feel inclined to pay but neither do I want him bad-mouthing us that we don't pay. At the moment I'm waiting for an invoice, although I'd be very surprised if he'd be able to look us in the eye, the neck on these people sometimes has to be seen to be believed, however should one arrive am I under any legal obligation to pay?

ALERT.
 
Walk away, and do not pay the bill. From time to time tarmac jobs go wrong, I personally know of 2 in the last year and you get caught up between the contractor and the supplier each blaming each other for the faulty tarmac. It took in each of those cases on average 7 months to get the the job re done. thats how long the wrangle between the supplier and contractor took to sort out. Based on this guys performance to date to even start the job, imagine trying to get him to sort it out if it goes wrong. I would be very wary of who I was getting to tarmac at this time of the year, something to do with the tar going cold before laying it causes a raggling effect whereby in cold weather it starts to unravel.
Someone more knowagble on this subject will be able to explain it better than me.

Yours
Secman
 
I would imagine there is no contract in place.
First contract - verbal agreement, which was broken by non performance of job.

May possibly be a second contract in force when you agreed to allow the lad to spray the kerb, but again i would imagine it was broken by his failure to compete the job.

I doubt this guy is going to take this any further you only allowed the spraying to be undertaken thinking this was the start of the complete job which he failed to do.
Let him bad mouth you all he wants im sure anyone who has had the misfortune of dealing with him will know what he is like and will think you were well within your rights.
I doubt you will even receive an invoice.
 
Verbal contracts not worth the paper they are written on. However he could take you to small claims court, although for 80euro its not worth his while since he doesn't have a leg to stand on. I woundn't pay and simply would ignore him like he had done to you.
 
Verbal contracts not worth the paper they are written on. However he could take you to small claims court, although for 80euro its not worth his while since he doesn't have a leg to stand on. I woundn't pay and simply would ignore him like he had done to you.

http://en.wikipedia.org/wiki/Contract

Incorrect.....and the evidence that this contract existed, was the partial completion - that was the spraying.

The completion dates seem never to have never been documented?? and someone on the other side, could argue, that the contractor has started the job, as agreed and has done no wrong....and therefore should be allowed finish it.....in this case the client is the one breaking the contract.

On the other hand he has prick*d around and does not deserve the work and is unlikely to sue for his e80 any way.....

As all legal advice goes here its impossible to know with out both sides and the full story.
 
I would ignore his calls and texts as efficently as he managed to do with yours. He is hardly going to sue over €80 and who exactly is he going to badmouth you to? He should be more concerned about his own reputation.
I by chance he does treaten to sue you, I heard it is a good idea to pay a "reasonable" amount for the work done to date, so when it gets to court you appear to have been fair in your dealing with him.....I'd reckon €10 for an hour should cover it (pay by cheque and ask for a reciept).
 
I by chance he does treaten to sue you, I heard it is a good idea to pay a "reasonable" amount for the work done to date, so when it gets to court you appear to have been fair in your dealing with him.....I'd reckon €10 for an hour should cover it (pay by cheque and ask for a reciept).

Interesting principal.....scenarios like the OP, above cause huge issues in construction law. Never heard of that idea.
 
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