HI All
I'm new to the network but hope someone out there has had the same or similar problem with a customer.....
I created a written quote for my client that included large patio 75m2 lawn and raised beds etc.
The quote was agreed and start dates confirmed deposits paid the only hold up was that they had not made a decision on the stone for the patio, which they insisted on buying
(I know mistake number 1!)
Week one prepping the site lifting the old patio, relaying some of it down a side access. marshals delivery for Wednesday, Oh sorry Friday Oops next Tuesday!
When it finally arrived 12 pallets of the stuff were all stained chipped awfull
'premium' grade stone. I rejected them on the spot (with the total agreement of my client) To be fair they were replaced with another 12 pallets the next day and, guess what?... Yep exactly the same!.. The site was prepped and ready to go with no stones to lay. Customers angry with Marshals, my schedule out of kilter. We left site and were to return when the stone debarcle was sorted out.
1 week later My clients text me to arrange a meeting to confirm the start date I text back to let the know I'd pop over after work the next day.
4:pm the next day I receive a text telling me they have switched contractor to finish the job due to my lack of response?
I'm now seeking payment for the days worked and, obviously they are becoming more aloof not returning calls emails texts etc..
Phew,... so.... my question is, (if you havn't fallen asleep yet) is........
would I be wise to claim for the days worked or the whole loss of earnings if I had to take it through small claims?
Any and all help would b greatly welcomed as this has been a thorn in my side now for some months..
Pete
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Replies
Does the deposit cover your losses?
I wish!
The deposit covered materials (sand Mot dust skip hire & sleepers) which was then used by another contractor to finish the job.
I'm still owed for the days myself and my employee worked for (obviously my employee was paid by me already)
Alternatively, chalk it up to experience... Not a pleasant one but live and learn. We all make mistakes...
I would echo Craig above. If you haven't already, start a 'paper trail' eg estimate, letters, emails, invoices, reminders etc. If no joy after a few months - small claims court. I would steer clear of text and phone calls now.
Thanks for the advice,
Having never had to deal with this situation before its some comfort that i'm doing everything right so far. I gave up calling and texting 4 weeks ago and we have been having email exchanges ever since. I even went round when they said they were on holiday for 2 weeks and you guessed it they weren't!
I've given them a final request for the money owed for the actual work we did otherwise I would be taking them to court for the full amount including loss of earnings.
Looks like its small claims court here we come.
Not looking forward to that...
thanks again
Pete
You will be fine Pete. This isnt the norm, in 36 years of business i've gone down this route just once. We were awarded full payment.
yep, small claims. seems a bit funny getting a 'reputable' contractor at such short notice.
does your t&c include a bit about costs / delays incurred as a result of materials supplied by the customer being chargeable? i bet they will if they don't already.
look at money claimn online. Its the first step of going through the small claims court process. Very easy to do and costs very little. They will issue a letter from the central court they use at Northampton, telling the other party that you have listed a claim against them. they can either pay the money or go down the route of defending it. If that's the case they offer an arbitration service before it goes to small claims court. Used it once with a client who didn't pay for the drawings and a cheque turned up within three days of the letter going to them. Also just used it against a washing machine manufacturer for a long saga of a faulty washing machine and just got a full settlement the day before it went to court. Well worth doing if you feel you have a case
This is the disclaimer I have had at the bottom of my quotes for years!
templates for better ones would be humbly accepted at pete@lawnswoodlandcapes.com!!!
Disclaimer: Prices quoted assume no unexpected obstacles to be encountered (i.e. anything other than light occasional rubble/subsoil) in any excavation work – should problems arise, work would stop until a mutually agreeable solution is formed. Although every reasonable care and forward consideration would be taken, we cannot enter into any proceedings relating to boundary disputes, planning permission or noise pollution. It is the client’s responsibility to provide any necessary parking permits and lavatory facilities. Prices are inclusive of labour and materials unless stated. A 30% payment would be required on the day of work commencing and the balance once the work has been completed (unless otherwise agreed) If any extra work is asked for (i.e. work that has not been agreed within the original quote) the client will be charged £16 per man hour for such plus materials or a separate quote can be written up. Prices quoted are valid for thirty days from the quote.
Thanks for the advice Thermo
I think I'm all set and a little more confident about the whole situation.
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