To cancel a contractor last minute as he was driving dangerously

[LauraGrooves]

I've got a front porch that's supported to be done next week (job for three weeks). However the contractor tail gated me this evening and overtook me dangerously and was speeding.

I don't want to give him the work now. Would I be u to turn around and tell him this with four days till he starts?

If he's put himself out of pocket on the back of the job, whether by buying materials in advance or turning down other work to keep himself free, he'll probably be able to prove a contract existed. It's called consideration, iirc.
Shame, I wouldn't want to employ him either.

Firstly no YANBU
Secondly, there is no such thing as a verbal contract under the law of England and Wales, however, if you have exchanged any money at all, that will class as consideration and create a contract. I would be wary of any paper trail for example text messages, I would speak to citizens advice they can direct you appropriately, I myself am speaking from my rusty knowledge of contract law which I studied three years ago now. Always get proper legal advice if you're concerned in any way.

UrethraFranklin1 If a Judge can establish an agreement between the two of them - he will find a contract exists

And how is a judge going to do that, exactly?

good for you, OP - cancel and tell him why. A no-arsehole zone in your house seems a good policy.

hopefully his tree is waiting for him, but perhaps this may just make him think before he hits it.

What is this UK law? There's no such thing.

As regards no such thing as a verbal contract in England and Wales is nonsense. A contract does not have to be in writing but it would have to be evidenced to the level of proof required in the civil court.

Useful link about contract law in England and Wales for those who are as boring as me: www.a4id.org/sites/default/files/user/documents/english-contract-law.pdf

And how is a judge going to do that, exactly

I said IF.
It could be from texts between the two of them. Confirmation of an appointment, or an agreement to a price.
It could also be from the OP telling him she was cancelling the job.

In court the OP would be required to tell the truth. She would have to lie in court that a job was never agreed, which I hope you are not advocating?

I couldn't begin to care enough to advocate anything, but since this wittering about courts and laws and suing is completely irrelevant to the thread at hand, I don't see why you're banging on about it anyway.

Don't be daft,..The Builder could sue the OP for loss of work and expenses.
It is totally relevant to the thread.

Of course a verbal contract can exist

I'd cancel them. There are plenty of decent law abiding tradespeople I'd rather give my money to than someone who goes round driving like an arse.

Just check they haven't had their van stolen first. That would be a REALLY bad day wouldn't it. Someone goes joy riding in your van and then all your customers cancel!

You don't know any builders, do you? How often do you think they hire a lawyer when someone says they'll do a job and then says they won't? Here's a clue: its never.

gherkin a contract is formed when there's an intention to create legal relations. This can be written or not. Consideration doesn't come into it.

Of course there is such a thing as a verbal contract. We make them every time we go and buy things in shops.

And yes, if it was purely a matter of OP's word against the contractor's as to whether a contract existed then in practical terms it couldn't be enforced. But the reality is that there will almost inevitably be a lot of extraneous evidence. There is every chance, for instance, that OP has firmed up the arrangements by text or email - and again, a contract can be made by exchange of emails. It's difficult to believe that OP went ahead on the basis of a simple oral estimate alone, she'd be mad to do that; and she's probably sent messages firming up dates, talking about choice of materials etc. The contractor has probably got records all over his system - booking out those dates in the firm's diary, putting off other jobs because he's booked already, contacting his workers to tell them they're due at OP's address on those dates, ordering in the relevant materials etc: no court is going to believe all that is fictional.

So - I still say don't risk cancelling.

Urethra, builders don't need to hire lawyers: they can and do bring claims themselves through the small claims court. And I've known them to do so, not least because they don't want word getting round that they're a soft touch. Some also keep lawyers on a retainer for that purpose so that any one individual claim doesn't cost them too much. And some of them sell debts onto factoring companies who are only too willing to sue.

quietbatperson, you seem to have an odd idea of the requirements of English law in relation to the formation of contract. You need to establish:

1. Offer and acceptance: in this case OP has asked the builder to do the work and he has agreed. So that requirement is satisfied.

1. Consideration: that each side agrees to give something to the other as part of the agreement. In this case, the contractor agrees to do the work on the porch, OP agrees to pay him. So there is consideration.

1. Intention to create legal relations as opposed to, say, simple advertising or an invitation to negotiate. Clearly there has been an agreement so there is intention to create legal relations.

And that's it. Nothing has to be in writing, there doesn't have to be performance.

There's a local removals company near me I never use as they use handheld mobiles whilst driving. Why would I support a company that allows that?

I'd cancel and tell him exactly why. I have no idea why people in vehicles with company logos drive like wankers (not that they all drive like wankers, but some do). There are taxi firms I won't use either because of their behaviour around cyclists, and I've told them this. Someone I know via Twitter refused to give someone a contract because one of their drivers swore at him whilst driving.

There are enough people out there driving dangerously. This may be one of the only ways to get through to them.

You don't know any builders, do you? How often do you think they hire a lawyer when someone says they'll do a job and then says they won't? Here's a clue: its never

I work for a building/maintenance contractor. My boss has taken 3 people to the small claims court, that I know of. Two of those cancelled after materials were bought and paid for. The other would not pay the whole invoice.
He won two of those cases.

To be fair, they were Companies, not individuals. However, he won cases.

Call me fickle, but for me it would depend on how easily I could find another builder to complete the job. Good builders are like gold dust here and if it was going to be more trouble that it is worth to get the job done once you've sacked him, I'd probably just let the work go ahead as planned.

I wouldn't use him again though!

quietbatperson, OP says she's arranged for the person to start work next week. There is no way that she doesn't have a contract for the work.

So not remotely the same thing then.

I don't think you like to be wrong UrethraFranklin1

Who does? Luckily it rarely happens