Should landscaper pay for rubbish disposal?

[SadlyMissTaken]

Hi all
I commissioned someone to build a patio and walls at the back of my garden. Limit on price was £5k. I made clear I could not go above that. No contract (I know ... Idiot) Part way through landscaper said he expected my partner to take the rubbish (concrete from old path and wall etc) to the tip. I don't drive, partner is an alcoholic and we split up before xmas. Property is mine.
I did point out that relying on partner wasn't going to work.
The guy has been a nightmare to deal with to say the least but that's another story.
Job is now almost finished and builder has texted me asking for full payment minus £200 for outstanding remaining work on the patio (there is more than £200 worth outstanding). The pile of rubbish in my front garden and side alley is now massive. I understand skips are £300/half hour to hire and I will also need help filling it up. AIBU to dispute being left with this extra cost given I specified £5k max for the job? Or should I suck it up as I didn't sign a contract?
Thanks

I think you're on sticky ground without a contract TBH.

I think a landscaper not taking away that sort of amount of waste is really pretty crap - he may not do waste disposal, but he ought to have made that clear at the start. But I don't understand getting someone in to do anything costing 5k and not having a written agreement about where the money was going!

Yabu. You stipulated 5k for a new patio. Not &removal. Does he even have a waste removal license?

The agreement was build patio and wallls total price not to exceed 5k. I know I should have had a contract, I was an idiot as stated in the OP but that's irrelevant now.

I’ve usually had to get rid of my own rubbish unless I explicitly ask and pay for removal. I wouldn’t have assumed it was included but I may be a minority there.

And does the price exceed this? For the patio and walls?

Ok I suspected I was BU. Live and learn I guess....

So the agreement was to build the patio and the wall. It did not mention waste disposal. Sorry, but legally you do not have a leg to stand on.

My local authority says that tradesmen must handle the waste. We can only used the tip for our own DIY. Worth checking what your local authority says!

Well, it's sort of not irrelevant, because rubbish disposal is one of those things that doesn't have a standard answer; it's something you'd agree in the contract.

Some landscapers will happily remove rubbish for you, for a price. They'll be people who do that routinely and have it all organised. Others won't. It's not something people generally do as a one-off, so if your landscaper is someone who doesn't routinely do it, he won't be likely to have the wherewithal suddenly to change his mind and fit it into the budget.

I would expect the finished job to include removal.
If you’re going to dispute, obviously don’t pay until it’s sorted and certainly don’t pay more than for what has been done to date.
I’m not sure skips around here are £300 per half hour - have you phoned around?

Sorry, you should have explicitly agreed a price including removal of all waste.

Similar thing. Building work going on. Builder emphasised we would need to pay for any skips he hired. We are on our third.

Did you get the quote in writing? Check that as may have disposal in there. If not you are stuck with it I think

Tradesmen need a license to take their waste to the tip - most won't have one, especially small one-man bands.

I agree with PP that this is commercial waste and therefore can't be disposed of by the householder. However there are significant costs to him for legally disposing of it which would have taken you way over budget, even more if he isn't licensed for waste removal. This is why there is a big increase in fly tipping.

Sadly you can't have it both ways.

I would expect waste removal to be included and for it to be stated if it wasn't but in reality everyone I've ever used states it is as part of the quote. It's odd for it not to be mentioned at all.

The price of the job was to not exceed £5k
I didn't anticipate that the job would entail removal of a mountain of waste
But ok

Generally skips just stay as long as you want round here , you need to get the right type of skip though . I think you are on a sticky wicket with no contract @SadlyMissTaken and I’ve never heard of anyone telling a landscaper or builder what the price limit is , surely you get quotes and agree a price with whoever you choose .

Based on work done in past and currently - if the costs are low, they usually expect me to arrange the skip but they put all the waste in there themselves. If it’s quote is on the steeper side, they tend to arrange it all themselves.

ETA: this is all discussed in advance. It’s just something that I’ve realised based on working with different trades.

If you wanted removal to be included in the cost then you should have got that in writing before he started the job.

Unfortunately you won't be able to dispose of this yourself so you'll now need to pay a licensed professional to come and remove it for you.

What's stopping the OP from paying for a skip for trade waste? She's mentioned it herself.

Waste removal people need a license. Tradesmen can obviously carry the waste they are generating. They presumably pay to dispose of it. I’ve had both arrangements with different people, recently. In each case it was discussed and negotiated.

I think its just a lesson learnt. Its always something I specifically specify when having work done. As getting rid of rubbish is a major Ballache. I think you will just have to hire the skip and get someone to help you or put a post on local Facebook to pay someone to help you.

No - tradesmen still need a license to dispose of their waste.

Sorry, I should have been specific. She isn't allowed to take it to the tip as domestic waste. Nothing to stop her arranging disposal as trade waste.