Professional opinion needed

My name is Sylwester Sadowski, I`m a hard landscaper from Reading, Berkshire. I`m looking experienced hard landscapers and stonework experts that can help me by answering a question . One of my contractors refused to pay me the whole amount saying that I was to slow in doing my job .

First job. I was hired to build a stone wall approximately 70 sq meters long and with a height that varies along the wall from half meter to 1.4 meters . The stone wall was build from random stones with deep pointing plus I had to make the mortar mix . It took me 3 weeks and 4 days to finish this wall with the help of one laborer. While building the wall I had very bad weather lots of rain, thing that gave me and my laborer extra work in cleaning the wall.

Second job. Patio 180 sq meters. I had to raise up the level using at least 10 tones of hardcore with wheelbarrow. Material used was indian stone. For the patio I had also the help of one laborer. Plus the building of 2 steps. This job took me 3 weeks and one day. While building the patio I also had problem with rain and I had to lose time cleaning the site of water.

My question is: In your professional opinion considering the external factors too,such as the help I had and the weather, did I take a reasonable length of time for this two jobs or not?

Yes I was being paid at the and of the week for the work done in that week. The initial agreement was for the stone wall he actually gave me more work building the patio and know he is saying I took to long to build the wall.
Phil Voice said:

Hi Sylwester

Welcome to Landscape Juice and sorry to hear about the predicament you are in.

I'm sure this is stating the obvious to you know but the question of time has got to be one of your pre-pricing necessities in the future.

It's easier with hindsight I know but if you'd only sent out a simple set of terms and conditions to your client, in advance of starting work, stating that you estimate the job taking X but contingency must be made for the weather, then settlement of this issue would be a whole lot easier.

Just one thing bothers me. If you were working on a day rate (and there was no pre-set time scale) then you were only being paid for work achieved in the first place.

Replies

Fenland Fencing December 12, 2013 at 12:13pm

I assume you gave the main contractor a fixed price for the work?
Graham Griffiths December 12, 2013 at 12:22pm

It depends on the agreement or contract put in place in the first place , was there a deadline agreed?
Sylwester Sadowski December 12, 2013 at 12:24pm

It was day rate

Fenland Fencing said:

I assume you gave the main contractor a fixed price for the work?
Sylwester Sadowski December 12, 2013 at 12:25pm

No deadline agreed

Graham Griffiths said:

It depends on the agreement or contract put in place in the first place , was there a deadline agreed?
Sylwester Sadowski December 12, 2013 at 12:26pm

I was sub contractor for this job and I didn`t agree with any time frame when I took the job. He never complained about me being slow while I was doing the job . At the beginning I was hired just for the stone wall and he actually gave me more work building the patio. Now that is time to pay me he says I should have finished the wall in one week and a half.
The actual client that hired him was very happy with my work and never complained about me being slow.

Andy Robinson said:

IMO if you have initially agreed a price with your client but the question of how long it would take to complete hasn't been discussed then I would say that your client is trying to pull a fast one on you!, however, if you have guaranteed that it would be finished in a certain time then I would say the complaint is justified.
Most client's that I work with are very understanding when it comes to delays caused by 'extreme' weather conditions, obviously they want the job doing right, but some don't understand the complex work involved and how weather can affect day to day work.
Graham Griffiths December 12, 2013 at 2:33pm

If it was on a day rate surely you must have given a rough idea before work started and entered an agreement you could have taken 365 days and taken thousands and thousands of pounds or one day, whatever the outcome I would definately make a paper agreement in future!
Sylwester Sadowski December 12, 2013 at 4:48pm

Yes I will definitely make written agreement next time but I still hope to sort this out. I think he just assumed is gonna be finished in 1 week and a half that`s what he is saying now . It was my mistake for not making clear to him the time it`s gonna take but I can`t do anything about that now. That` why I would like to know for example: how much time another professional would take to do that job in the same conditions I did. 2 people plus bad rainy weather.

Graham Griffiths said:

If it was on a day rate surely you must have given a rough idea before work started and entered an agreement you could have taken 365 days and taken thousands and thousands of pounds or one day, whatever the outcome I would definately make a paper agreement in future!
PRO

Phil Voice December 12, 2013 at 4:58pm

Hi Sylwester

Welcome to Landscape Juice and sorry to hear about the predicament you are in.

I'm sure this is stating the obvious to you know but the question of time has got to be one of your pre-pricing necessities in the future.

It's easier with hindsight I know but if you'd only sent out a simple set of terms and conditions to your client, in advance of starting work, stating that you estimate the job taking X but contingency must be made for the weather, then settlement of this issue would be a whole lot easier.

Just one thing bothers me. If you were working on a day rate (and there was no pre-set time scale) then you were only being paid for work achieved in the first place.
Paving & Landscaping December 12, 2013 at 4:59pm

No he agreed day rate, if he was worried how long it was taking he should have said as you were building the wall, not when you had finished it.
Sylwester Sadowski December 12, 2013 at 5:17pm

Yes I was being paid at the and of the week for the work done in that week. The initial agreement was for the stone wall he actually gave me more work building the patio and know he is saying I took to long to build the wall.
Phil Voice said:
Hi Sylwester

Welcome to Landscape Juice and sorry to hear about the predicament you are in.

I'm sure this is stating the obvious to you know but the question of time has got to be one of your pre-pricing necessities in the future.

It's easier with hindsight I know but if you'd only sent out a simple set of terms and conditions to your client, in advance of starting work, stating that you estimate the job taking X but contingency must be made for the weather, then settlement of this issue would be a whole lot easier.

Just one thing bothers me. If you were working on a day rate (and there was no pre-set time scale) then you were only being paid for work achieved in the first place.