AIBU husband and tradesmen

[berryfull]

Perspective please.

Arranged to get some garden work done (think patio)

Asked for recommendations on local Facebook group.
Out of recommendations got 4 quotes.
Decided on the middle second lowest quote that could do it on the best date
Checked the tradesman’s reviews on their Facebook page (10 all fine) and checked with a friend who vaguely knows the guy to say whether he had any bells about him. Said not.
Told the tradesman that the timing was very important, and that it was a dealbreaker if they couldn’t commit to the day.
The tradesman asked for a deposit for materials, so I said ok but asked for an invoice prior to payment. Paid him by bank transfer a few hours later once invoice received.
Tradesman contacted me the day before the job was due to commence saying that he couldn’t get materials delivered in time and so couldn’t do the job and would let me know when he would come.
I asked him when this would be.
He said in a week’s time, which wasn’t convenient to me so I said no, that doesn’t suit. Please return the deposit.
The tradesman refused, saying he’d ordered materials already.
I said well cancel them and refund me today. He refused saying i would have to wait until he got refunded.
He is now refusing to answer messages.

My husband says that I’ve been daft, got myself into a regrettable situation and “gone on the offensive” . Daft because I paid a deposit. “Gone on the offensive” because I asked for my money back rather than let the tradesman come and do the job a week late when it wasn’t convenient.

Is the tradesman being reasonable?
Is my husband being unreasonable?
Am I being unreasonable ? My husband now says I’m being “hysterical “ For being angry about this and being angry at him not backing me up . And apparently unrealistic to think I’ll get someone to come and do this work on the day they said they would.

Did you have a written contract with the tradesman? If not, YWBU to stump up funds for materials.

Your H is U to use sexist words like hysterical.

Youve handled it badly

I asked for an invoice which stated the job, the date, the materials etc before I paid.

What did I do wrong?

And what were the terms on the deposit being refunded, and the contract ONLY being for work on that date?

Oh no, he did no call you hysterical? Your husband is being an idiot and the tradesman is being unreasonable. make sure you give him some bad reviews

Not sure OP. My husband thinks it's unreasonable to pay anything at all upfront on jobs like this, which makes it difficult when you're trying to hire a tradesman! He thinks people should have enough cash flow in the business to pay for materials in advance and if they don't, then they could be in trouble financially and go bust halfway through the job!

Well you'll have most of MN on your side either way, as you've said a man called you 'hysterical'.

But just how inconvenient would it have been for either you or your DH to agree to the work being done the following week?

I'm only asking because it sounds as though your DH thinks it would have been possible?

We had plans to be away the following weekend. I chose the guy because his availability suited mine. Am I really just supposed to sit around and wait for him to turn up? I’m self employed too and would never dream of not doing a job on the day I said I would.

Hmm well if he couldn't get the materials delivered on time, he should definitely have checked with you before ordering them.

Construction is a poor industry and v tricky for the buyer. If payment of the deposit was contingent upon him doing the work on X date you should’ve got his agreement in writing to that upfront.

If he fails to refund you the deposit you’ll need to look at the terms and argue he breached the contract, small claims or whatever. Do you get any legal advice with your home insurance or either of your work?

I got some legal advice today, and the tradesman is in breach of contract and I can start the process of claiming money back

I’m now more pissed of at my husband for not backing me up and saying I’m daft and hysterical etc

Definitely not hysterical, but in the construction industry timings can sometimes be skewed by other jobs taking unexpectedly longer so having a knock-on effect ( my exH was a landscape gardener and, at times, although rarely, this could happen).

It's not right, but the trades industry in general does have a reputation for being somewhat unreliable- I think everyone knows this and being tied to just one day is quite unusual. Can you not salvage the situation by having the work done once you're back?

If the materials needed to be ordered and they're out of stock, then you have to wait. He should have told you but you haven't actually given a time frame for this, as in were you expecting him to start the job two days after you contacted him? He may be doing other jobs too (I'd be very surprised if you were his only client) so needed the money to pay for the materials up front as he is waiting for payment so doesn't have the cash. Also means he isn't out of pocket if the job gets cancelled or delayed (it is February after all, weather could be factor in getting it done that day).
So in essence, yes, I think it was handled badly by you but also wasn't done that well by the contractor either.

Timeframe agreed in writing by tradesman day one when tradesman quoted for job.
Timeframe again confirmed in writing day 5 when quote accepted. Timing stated in writing to be dealbreaker.
Deposit requested , invoice issued and deposit paid day 10
Job to be done day 14. Job cancelled day 13 late afternoon.

He asked for the money to order the materials. He ordered the materials. He can't do the job before they arrive.

He agreed to refund you but said he would have to get the refund back for the materials so that he could return it to you.

He has been completely reasonable.

The fact that you told him up front "that the timing was very important, and that it was a dealbreaker if they couldn’t commit to the day" means that becomes part of the contract terms. If you hadn't mentioned it then you would be being unreasonable but you specified x date or it's no good. So when he failed to do the job on x date (the reason is irrelevant) he has broken the contract and you are entitled to your money back.

Well if your husband is so bloody clever he can sort it out! Hindsight is a wonderful thing, you did nothing wrong in fact you were very careful.

^ What @fairenuff said.

Fairenuff, surely in business you have cash flow to cope with this sort of thing? Why am I out of pocket waiting for a refund rather than him? Surely he should have just ordered the materials in time to do the job on the day he agreed. I made it clear that I needed it done on that day.

Asking for payment for materials before starting the job is a big red flag.
If he is reputable, he will have accounts with suppliers so he doesn't need to pay upfront when getting materials.

Yabvu and may find yourself blacklisted. He ordered the materials he can't do a job til they arrive or refund you before he has been refunded.

YABU, lesson number one, decent tradespeople don't need deposits.
lesson number two, I've never known one arrive on time, sometimes not at all.

Yes I will not be paying a deposit again that’s for sure. But I thought i’d been careful by asking for an invoice before I paid anything.

I agree with you in principle, but you aren't going to get the work done any quicker, so I feel that you've cut off your nose to spite your face.