Hi All
I'd appreciate any help on this one as im not entirely sure where I stand!
Ive just had a very crackly answerphone message left at 21.35 tonight from a customer who had a fence erected by us last may, the general impression I got was that he was more than a little discruntled that he was fighting to keep his fence upright in the 70mph cornish wind tonight.
Looking back through the paperwork and my memory I advised for an open board double sided fence, obviously constructed on site due to the high possibility of wind- once this was estimated he told me it was too expensive and he wanted me to price a top quality panel instead - which was not a lot different - after again saying this was too expensive I was then asked to price for the cheapest panels i could find and 3" posts, after the pricing effort I again reminded him of the wind problem and still decided to go with the cheap option. (and knocked me down on labour!!!)
Maybe in hindsight a disclaimer may have been in order- or not touched it!
However I am now getting phonecalls every day about shoddy workmanship as the fence has blown apart,I have replaced one smashed panel already at my own cost about 3 months ago I havent been around to look again as of yet but thought id arm myself with the facts first, what I want to find out if possible is - is there a statutory time for works to be guaranteed for? (i usualy go for a year on labour + any manufacturer) secondly does anyone have a plan of action or has encountered something similar?
Many Thanks in Advance! - Graham
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Replies
appreciate your thoughts! kinda backs up mine! funny there seems to be endless advice for consumers against bad tradesmen but not decent tradesmen against bad consumers!
Many Thanks!
www.mibservices.co.uk said:
Graham Griffiths said:
even if the panels were in concrete posts in 70 mph winds the panels would fail as its been over a year your guarantee has run out, as others have said you cannot guarantee the panels unless the manufacture guarantees them give him a price to repair the damage and get a hefty deposit up front first before you start
I wouldn't enter into any further business with the gentleman Graham; there is simply no rationale for providing a guarantee for low quality panel fencing in an exposed site.
Write to him rather than a phone call - this will clarify your position in black and white for the sake of legality. He will not be able to pursue you for any compensation since he has no basis to form a legal pursuit.
Be frank, straight to the point and absolute in your letter and state you wish no further communication. Refer him to the forum on LJN if he wishes for a consensus of professional opinion. Don't get emotional in your language.
If, after stating you wish no further communication, he still harasses you then report him to the local police as a nuisance.
You don't need the stress mate and especially don't need to be shelling out for this man's folly in spite of your professional recommendations.
Take it easy mate, Nicky
Sound advice.
Nicky @ GardenImprovements.com said:
youve given best advice and he chose to ignore it. He specified the materials that were used not you. Advise him of that fact and that you will happily repair it, but at his cost. i would also put it in writing to him.
If you are really concerned give trading standards a ring, tehy are always very helpful. If he doesnt garee with you, is he really going to go to court over it. If he does is he reall y going to appear reasonable and get anywhere with it? You will probably lay in bed worrying about it, but the bottom line is you cant be held responsible for what he has specified and for it being affected by high winds.
Graham i have just seen the news and the pitchers of the wind down your way no wonder the fence has not stood upright, (there will be a lot of fencing jobs going) i would definitely not be re doing it out of my own pocket if he took you to Court he would not have a leg to stand on with the extreme winds.
Graham
Ask every client to sign off fencing and trellis jobs in the future (especially if you can detect that wind is a recurring problem). If the client is happy with your workmanship then there's no need for you to feel you should offer any gaurentees against the power of mother nature.
Add a section to your T&Cs making it clear.
did you install the materials used correctly? (i expect you did)
did you give advice and price for a suitable fance? (yes you did)
did the customer lower the spec to save money (yes)
If he continues to call, you could tell him that he is out of line and that you are now regarding the calls as nuisance calls (which are actually a criminal offence - you can see reference to this on the ofcom site) and that if he continues you will report him to your phone company. he hasn't a leg to stand on if you've done the work correctly and he has ignored your original advice.
You could also resend your original quote and tell him it still stands (if you really want to annoy him)
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