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A contractor has completed some work to the back of a joint property but has caused s…

Customer Question
A contractor has completed some...
A contractor has completed some work to the back of a joint property but has caused some damage to a neighbours shed. I have offered that until the shed is repaired the work will not be paid for as the job is not complete. While the builder has made several promises to visit the neighbour and sort out this issue he has failed to do so. He is now threatening legal action for non payment of contract.
I have repeatedly offered to pay as soon as the work is completed to my satisfaction, including he repair required.
Am i justified in my stance? Am i in some way breaking this contract? The original written contract has increased due to extra work that he not originally built into his quote!
Submitted: 8 years ago.Category: UK Law
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Answered in 5 minutes by:
6/11/2010
Solicitor: Jo C., Barrister replied 8 years ago
Jo C.
Jo C., Barrister
Category: UK Law
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Experience: Over 5 years in practice.
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Can you just clarify that the work is completed except for the shed?
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Customer reply replied 8 years ago
That is correct. The work was completed 2 weeks ago and we asked for the builder to call around for payment 5 days after the completion, which he failed to do. From there we were made aware of the shed issue and asked him to remedy this to the satisfaction of the neighbour prior to us handing over payment.
Since that time he has repeatedly failed to show up when he said he would and now is demanding payment with interest for us delaying payment.
Solicitor: Jo C., Barrister replied 8 years ago

If you are asking whether you are allowed to this in law, then you are not.

 

You are still bound to pay his bill for the work he has done. That job is not incomplete. Its just that there are other issues arising from it in relation to the neighbours' shed.


If he does not do the work to the neighbour's shed then you can ask somebody else to do the work and sue him for the cost but you cannot withhold payment. If he did take legal action, he would win and you would be liable for costs.

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Customer reply replied 8 years ago
So if i send a cheque and withhold the amount we reasonable accept that the shed will cost to repair today i have fulfilled my legal obligations?
I have been advised by trading standards that this is an ok course of action.
In a 2 week period since the work has been complete he has not yet took measures to remedy the situation to our satisfaction.
Solicitor: Jo C., Barrister replied 8 years ago

No, its I've said above.

 

If you do that he could sue and he would win.

 

 

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