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Hi All,

Looking for a bit of advice really, I have just finished quite a big job today.

Half way through a project that we quoted for i discovered a problem with a exsiting wall. I discovered that the footing to this wall was not deep enough for me to continue to project. I spoke with the customer and explained the situation. I offered to correct the footing if he paid for the materials to which he agreed.

Today the project was complete, when it came to payment he refused to pay for the extra materials stating that i should of told him at the start that i might require more materials. ( i dont have x-ray vision )

He as underpaid be by £470.00.

As this happened to anyone else?

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Replies

  • PRO
    This is a touchy situation. There are legal precedents set which you can use and go through small claims court to regain your money. Unfortunatley i dont know the specifics. I suggest you seek advice from CAB or your local business enterprise.

    I had a similar situation where the customer refused to pay the required amount, apparently i should give him 25% discount for cash! Not happening. In the end i threaten him with small claims court and charged him an additional fee for late (very very) payment. I got my orginal bill and i "waived" the fee. It took some time, letters and stress.

    I really really suggest that you seek legal advice.
  • PRO
    Seek advice as Andy says but for the future add something to the contract along the lines of unforeseen problems may require extra work and costs
  • PRO

    I have learnt the hard way myself, to send a friendly email with stuff that has been said that day. 

    Usually it starts with, "Enjoyed talking to you today, just a quick follow up on our conversation today about ABC, if you have any more questions feel free to drop me a line..."

  • This is very common especially in the building trade.  People know that most won't sue for smaller amounts.  Go to your local Court & get the forms to issue a County Court Summons.  Fill in the forms, photocopy them & send the client a copy by recorded delivery.

    He may well pay. If not file the claim with the Court.

    • if you do feel strongly enough to go down that road it can all be done online very easily at moneyclaim.gov.uk. very easy to use and talks you all through it. used it  couple of times where people kept ignoring calls etc after not paying the bill. cheques turned up very quickly after first court letter sent after claim registered

      on a separate note have you covered yourself with your terms and conditions. Personally my viewpoint is, if the work has been requested or agreed and done properly, then they should pay and i wont let people get away with it. its your hard work and time

  • dont you own the extra goods? can't you use just go retrieve them?

  • Thanks to you all for your replies, I am new to business and it will be a lesson i will learn from. I am going to get a strong contract drawn up for future projects. In terms of removing the goods is not possible do to me having to rip up all the paving.

    • PRO
      You can rip up the paving BUT you'll need a court order. This is not unheard of but is an awful lot of effort but there is a principle at stake. Be firm, write first, then try small claims but be prepared for a long haul. Good luck.
  • Had a similar thing a little while back. In the end I basically said to them that if they didn't want to pay then I would return all their waste to them. Very quickly he decided to pay
    • PRO
      I like this idea. Not sure where you stand legally but there would be a certain amount of satisfaction dumping his waste on his drive.
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