Tradesman Gone Missing

Leadership

I have trade that 80% completed his work and he has not responded to voice mails or texts for 4 weeks. Its a cash job so no contract and no money has passed hands yet (phew!). He is now holding up the construction and this simply cannot happen due to our circumstances.

What is a reasonable way to resolve this? I am happy with his work to date so can I offer to pay 80% of the agreed cost and hire a new trade?

dlofnep

Is there an agreement for him to complete the job?

Leadership

Its a cash job any it was to complete the work, agreement is verbal/handshake and I am happy to pay for what he done but its now a very urgent situation.

dlofnep

That's not a very nice situation he's placed you in. Least he could do is answer his calls so you know where you stand.

martinn123

leave a message on his voicemail, that the agreed price was for a completed job, and you now consider the verbal contract void.

say you are offering another tradesman 30% of price to do the final 20% and you will pocket the balance, oh say thanks for saving you so much money

i guarantee he will return your call

dlofnep

Yeah, seems strange that he would not answer without even getting paid first. I could understand someone being paid on a day to day basis, and then heading off before the job was complete - but not when they haven't even been paid yet. It doesn't add up.

In anycase, you will have to pay them for work done. But if they don't return your calls, it's hardly your fault.

martinn123

dlofnep wrote: »

Yeah, seems strange that he would not answer without even getting paid first.

In anycase, you will have to pay them for work done. But if they don't return your calls, it's hardly your fault.

Am I allowed dissagree with a Moderator ?

No contract, job not finished, no reply to calls, and its now causing knock on problems i assume with other aspects of the renovation.

while my post was suggesting a way to get a phone reply, if this tradesman does not show up within a reasonable time, I would not pay.

Leadership

Another useful piece of information is that he has no voice mail on at the moment!

mecanoman

Thats odd, did you fall out with him.

Have you got an address even.

martinn123

Leadership wrote: »

Another useful piece of information is that he has no voice mail on at the moment!

Tried Text?

Supercell

Try the 5 trick to go straight to his voice mail. My sister is totally dizzy when it comes to phones, always forgets to activate her voice mail and leaves her mobile in the car, her purse etc all the time, going straight to voicemail is the only way !

dlofnep

martinn123 wrote: »

Am I allowed dissagree with a Moderator ?

Why wouldn't you be allowed to disagree? I'm not the moderator of this forum. I was giving my views as a poster. The person obviously has done alot of worker, and deserves to be paid for it. There could be unforeseen circumstances that has caused this, such as a family death. The OP should give it a few days and not to jump to conclusions yet.

Poor Uncle Tom

If you have made all reasonable attempts to contact this person and have had no luck, contact your own solicitor and log the details with them (name, trade, brief and spec of job, agreed fee for the job, etc.,) get three fresh quotes to finish the job and employ accordingly. If the original tradesman shows up again refer him to the solicitor, your headache becomes his. The original tradesman is due for the works he has done.

martinn123

Yea it could be something unforseen, like a family event.

OR my lads are all on holidays this week, try RTE 2 you might see him at Galway races

martinn123

Poor Uncle Tom wrote: »

The original tradesman is due for the works he has done.

Oh God, now I am disagreeing with the real Moderator, why, the job is not finished, and its causing other problems, why should he be paid, obviously we do not know the full circumstances, but i would have a big problem paying in these circumstances.

Nor would I expect to be paid, without a substantial discount if i did this to a customer.

Poor Uncle Tom

martinn123 wrote: »

Oh God, now I am disagreeing with the real Moderator, why, the job is not finished, and its causing other problems, why should he be paid, obviously we do not know the full circumstances, but i would have a big problem paying in these circumstances.

Nor would I expect to be paid, without a substantial discount if i did this to a customer.

First of all, we don't know what trade we are discussing, but I imagine we are talking about materials and labour in say a 50/50 ratio.

OK, this is supposition, but lets assume that the works to date are found to be in accordance with good building practices, therefore materials are not going to be torn out and the job is going to benefit from the labour element supplied to date. The person who carried out that work and supplied those materials is due payment for them.

Anything outside of this and you're in 'legal dispute' teritory. We don't discuss legal issues in this forum.

gsxr1

sounds like he has put you on the long finger and has prioritized a better paying job.

If I was in this situation I would pass it on to a trusted mate to finish the job.

Everyone is flat out at the moment. Loads of work out there. Lads making hay when the sun is shining.


Is there anything you are not saying? Like disagreements on money or changes.

I had to walk away from a job at a loss because the client could not be satisfied with anything.

Leadership

Thanks for the responses so far.

There is nothing really missing from my statement so far. There has been no disagreement just no contact for while as the job has been spread out over 12 months and he has come to site at various construction phases with a day or two notice.

He is a heating engineer fitting solar, HRV and thermal store. I supplied the materials so job is labor only.

The house is all but ready to move in apart from the last plumbing tasks so the electrician can finish but plumber cannot continue until his bits are finished off.

I guess I will give it until Monday after the builders holiday and then go down the solicitor route. I will also look for quotes to finish work.

martinn123

I think this thread was started by OP who panicked when he could not contact his heating engineer who may be on holidays and left his phone at home, no harm in that.

however in my view the statments that he should be paid for work to date go against the grain, in principle.

Poor Uncle Tom wrote: »

First of all, we don't know what trade we are discussing, but I imagine we are talking about materials and labour in say a 50/50 ratio.

OK, this is supposition, but lets assume that the works to date are found to be in accordance with good building practices, therefore materials are not going to be torn out and the job is going to benefit from the labour element supplied to date. The person who carried out that work and supplied those materials is due payment for them.

Anything outside of this and you're in 'legal dispute' teritory. We don't discuss legal issues in this forum.

OK its labour only, but the heating system is not up and running, who carries the warranty if a new engineer finishes the job, who pays for the costs incurred in holding up the plumber, electrician, etc, who cannot finish their work.

Some payment is due but if costs are incurred by delay, a deduction should be made from the agreed rate.

Anyway hope he turns up next week, if he was in Galway maybe he won a few bob.

Good Luck

Poor Uncle Tom

martinn123 wrote: »

OK its labour only, but the heating system is not up and running, who carries the warranty if a new engineer finishes the job,

If it is direct labour, whoever carries out a particular job is responsible for that work. So the 'missing' heating engineer is responsible for his work to date. If another person comes in and takes over from here then they are responsible for their section of work. If something goes wrong and independant engineer would have to come in and determine where the problem is and whose responsibility it is. Messy I know, but that's how it is sometimes.

martinn123 wrote: »

who pays for the costs incurred in holding up the plumber, electrician, etc, who cannot finish their work.

If there are costs associated with not being able to contact this guy then he is responsible for them. But remember it may be necessary to provide evidence of those costs/losses, extra months rent, etc.,

martinn123 wrote: »

Some payment is due but if costs are incurred by delay, a deduction should be made from the agreed rate.

Agreed, any loss incurred has to be agreed by both sides legal parties and adjusted.