burnsieburns252,Popular 365 Question

Where do I stand in having to pay for a terrible job done in fitting fascias/soffits

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3 months ago 2

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  1. Lord Bacon

    What does he mean by 'I am not a business'?

    If he means 'I am not a company', that does not mean he not in business. Most UK businesses are not companies (a company is a legal entity in its own right, separate from the owner).

    'Fred Bloggs Home improvements' and 'Amy's Cup Cakes' are not companies, but they are in business. A person who works on their own, under their own name or using a business name, is called a 'sole trader'. If he/she does work for money, they are in business and have to accept all the responsibilities that involves.

    If a company does something wrong, the company is responsible, not the owner of the company.

    If a business that is not a company does something wrong, the business owner is responsible.

    If the person who did the work on your house is a friend or neighbour who is just doing you a favour, there is not much you can reasonably do about their workmanship.

    If the person doing the work does it for a living or advertises that they do such work and agreed to do the work in exchange for payment, you have every right to expect the the work will be done to a reasonable standard. They are also responsible for any damage they cause in the course of doing that work. They should have public liability insurance to cover any damage they cause.

    If all the work done needs to be removed and done again by a competent professional, you would be justified in not paying the original person. If some of it is OK, you should pay for that part of the work. You are entitled to claim for restoring your front door to its original condition - repair or replacement if necessary. There is more to it than that but that's the general idea.

    It doesn't matter that you have nothing in writing. A contract does not have to be in writing. The fact he did the work shows you have a deal. The law specifies the basic terms of that contract if none were agreed. One condition the law will impose is that the work will be of suitable quality.

    I sympathise with your situation. An elderly, confused relative had her fascias and soffits replaced (unnecessarily) by someone whose workmanship was appalling (in mid-Essex in the UK). He had to be threatened with legal action before he would remedy the worst of his mistakes. It is still not good but it is better.

  2. Anonymous

    Just tell him you're not paying. If he gives you a hard time, get Johnnie Pinchcakes to pay him and his family a visit one fine evening. Wonders what a crow bar can do to change the human mindset...

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