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We signed a contract with a pool building company to have a…

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We signed a contract with...
We signed a contract with a pool building company to have a pool built. The contract requested two payments to be made with the completion of the pool in 4 weeks. The second payment was made as per the contract around the middle of May. To date a total of R 47 000 has been paid and the contractor has not completed the pool and have not been on site since Wed last week. He has removed all the tools from the site and has not answered any calls nor has he returned any messages. I left a message for him on Thursday asking for the balance of raw materials to be dropped off at the site +/- R20k worth or to have R20k deposited into our account.
There has been a lot of issues with this contractor and by talking with his workers we know that he has no intention of completing the job. What do we do?
Submitted: 8 years ago.Category: South Africa Law
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Answered in 6 minutes by:
6/14/2010
Lawyer: WCLawyer, Attorney replied 8 years ago
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15,603
Experience: L.LB (UOVS)
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You will have to write him a letter in which you state the following:

1. That you had an agreement whereby he will complete the pool upon such and such a date.

2. That you will pay him R x amount in such and such installments.

3. That you paid as per the agreement, but that the pool is not finished yet.

4. That he is to commence with building the pool within seven days and have to be done with the pool within x amount of days.

5. That if he does not commence with construction within the allotted time, you will cancel the agreement and appoint another contractor to complete the job, after which you will collect the money that you paid that contractor from him.

If he does not commence with building within the allotted time, send him a letter which clearly state that you had no reaction to your letter and that you regard the contract as canceled. Then, continue with the steps as set out in the letter.

If he is registered somewhere, like the Master Builders Association or any other similar body, you can also take the matter up with them, as they act as a kind of regulatory authority to their members.

Edited by J W Fourie Attorneys on 6/14/2010 at 8:42 AM EST
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Lawyer: WCLawyer, Attorney replied 8 years ago
Did you get any reaction on the letter?
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