unfinished work by workmen

  sunnystaines 11:59 05 Dec 12

had some workmen do some decorating they wanted paid by time not the job. at completion of work they did not want paying there and then but said they would invoice me. invoice came about a week later and i was billed for them working longer than they worked that caused upset but i met them half way and they accepted but were not happy.

i have since noticed than some area of the work to be repainted was never done which i never noticed at the time.

as they were paid by the time and not the job do i have any come back on them to finish the job

  The Kestrel 12:25 05 Dec 12

After a similar incident to your many years ago, I am always very wary of tradespeople who want paying in advance or who are not prepared to submit a quote prior to the work starting. In those cases I will not use them.

As you agreed to pay by the hour and negotiated an agreed amount to pay, I suspect it would be difficult to pursued them to return and finish the work unless you paid for the additional time taken. I also suspect that legally you would not be in a strong position, should you choose to go down that route.

  sunnystaines 18:11 05 Dec 12

thank you for replying

  Woolwell 22:30 05 Dec 12

I used to look after a number of houses and when they needed decorating I would get 3 quotes for the entire job. I never got a quote by time. It was up to the firm to estimate how long it would take and price accordingly taking into account the difficulty of the job. It could get a bit difficult making sure that the quotes were to the same spec and I needed to check and ask about materials/quantities being used. In a few cases they wanted a deposit (unusual materials, etc). I used to regularly check on them and expected them to start on an agreed start date and finish on a stated end date. Occasionally unforeseen circumstances meant a slight adjustment to that. Also from time to time they would come across a snag which they hadn't quoted for. I was always able to come to an agreement over any extra work. At the end of job (and just before) I would walk round and point out any holidays or work that I didn't think was up to standard. In most cases there was nothing to find. I paid very quickly which certainly kept them onside. It always useful to know who is actually the boss (it maybe the wife or partner!).

In your case you paid by time. You would have needed to check on their start and end times and kept records agreed with them. Regrettably I suspect that if they came back they would charge for it.

  spuds 11:08 06 Dec 12

Perhaps a lesson to be learned here, and one which I and my friend's are very aware about. Never get work done on an hourly basis, because your time work rate can be very different to those doing the job, especially if you are trying to rush the job.

Try to get a fixed price in writing (with allowances), with the understanding that all parties will abide by this.

Getting people to come back to a job can be very difficult, especially if they have been paid. Taking small claims court action might not resolve the issues you think you may have. I have taken this route, been promised the earth, then still had to get someone else to finish the job, because the other party didn't bother to honour their words.

The other thing to consider is 'the shared' act on price fixing or commitment, when one or more people or company's consult each other on certain work.

  proudfoot 16:17 06 Dec 12

I have worked on both sides of the contracting fence. I always get at least 3 fixed price quotes, if necessary variation orders can be arranged also with a fixed price for the job.

At present I am having a small problem with the toilet cistern in my new en-suite bathroom. 10% of the contract price is being held back until it is sorted out to my satisfaction.

  Forum Editor 17:10 06 Dec 12

The situation you are in is as follows:-

You entered into a contract with these men, and they entered into one with you. The deal you agreed to was to pay them a daily rate to complete a certain amount of work - the work being specified by you at the outset.

The men worked, and you paid them for what they did - if you want them back to finish the job you'll have to enter into a separate contract, they are not obliged to do any more than they have done for the money you paid.

As the others have pointed out, it's not a good idea to employ people on a day rate unless you know and trust them.

  sunnystaines 10:07 07 Dec 12

thanks everyone for replying you said what i thought but wanted a 2nd opinions.

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