Re: FN-FORUM: Contract termination - any legal experts?

date posted 2nd August 2007 14:18

On Thu, Aug 02, 2007 at 01:23:59PM -0000, Carrie wrote:
>
> Cuation contact wrote:
>
> >Well, that is where their established practice comes in. I can point to
> >the last 2.5 years worth of invoices where I have specified the number
> >of days I have worked and they have paid against those invoices. I think
> >that demonstrates that we had an agreed working and billing practice
> >regardless of the small print in the contract.
> >
>
> That sounds like a bloody good start!
> ...

Comments please on something that I am helping a friend through, sort of this
kind of thing.

She bought a house to rent out; arranged a quote from a builder for some works
(kitchen, new bathroom, ...) haggled over the price and got him down to #5.
Builder said 'you don't need a new quote'.

3 weeks later work done & builder wants #8k ... original quote + VAT.
My friend had made 3 stage payments toalling #4k all with words like #
Payment of #2k for works to a total of #5k
builder signed the paper with those words on it as receipt of money (cash).

Builder threatens court. Friend writes letter saying she is getting legal advice
and will reply withing 14 days; tells builder she wants all keys returned & does
not want him in the house without her being there.
Friend also write letter asking snaggings to be fixed (leaking tap, ...) arranges
him to be there this 9:30 morning. I get panic phone call 9:40, builder has entered
via back door; has dismantled kitchen, unplumbed basins, removed electric plugs
saying that he is collecting he (unpaid for) screws, etc. Builder accompanied by
''4 large men'', they are verbally abusive to my friend who does not rise to the
bait - I arrive just after they have left.

Police refuse to attend ''A woman has been hit with an iron bar, that is more imporant''.

There is a debate if there is a criminal case here: the builder did cause some deliberate
damage (broke key in a lock), quite a lot of collateral damage (plaster round fittings
removed, scratches on floors & kitchen tops, ...).

My friend is going to have to sue.
I will put up a web site bearing the builder's name, and a factual account of what
happened.

Comments ?

(that is where my day has gone today -- work, ha! )

--
Alain Williams
Linux Consultant - Mail systems, Web sites, Networking, Programmer, IT Lecturer.
+44 (0) 787 668 0256 http://www.phcomp.co.uk/
Parliament Hill Computers Ltd. Registration Information: http://www.phcomp.co.uk/contact.php
Chairman of UKUUG: http://www.ukuug.org/
#include