Not paying a Tradesman

[DNARNAPROTEIN]

Hi everyone, I'm asking a question on behalf of my DH, who is a carpenter and self employed.

The situation is:

He's carried out work to the job description described to the customer, they are unhappy with certain aspects of the work and they won't pay for the work which he has done.

He didn't think to get money up front, which he knows he should have for materials. He's done the job as described which was an overhaul but their 'unhappiness' stems from things that weren't a part of the overhaul (which he made clear) they would have needed a replacement for-which would have cost a lot more money.

Since working for these customers DH was shouted at and ranted at regarding work unhappiness, the couples 'shitty neighbours' and problems with them and his lack of clean up. DH hoovered every night and cleared everything, when he left the customers house and they were happy when he left and in PJs to go in bed. The next day they'd be unhappy and moan he left a mess.

They refused to say what they were happy with in the windows, just told him to 'go away and think about it' and that 'he should know he's an expert' and that 'he's not been doing it that long (he's just gone SE, was working for companies for over a decade!). He finally found out the things they were unhappy with were things not included in the description and price, things he made clear wouldn't be included and after being ranted at last night and told 'to go away and think about what he wants to do' because they are considering getting someone else in, he sent them an email.

It was very polite, he's finished 3 of the 10 rooms and left the work completed there so another person could do the others and not have to finish work off. He stated a breakdown in communication and that it was best if they got the other person they wanted in. He made it clear they owed him for the 3 completed things, resent the quote and has heard nothing since.

Where does he stand legally? He did the work, it was complete in as much as it could be and should be paid. This couple seem to be the type that moan about everything (including their personal stuff) and are ignoring communication. Why do they think it's okay not to pay? DH couldn't go back there and get ranted at yet again, or could he risk them not paying for all 10 items being overhauled- if they won't pay him now, we'd have been more screwed after 10!

On an additional note, he's been contacted by the painter who was meant to do the work after him and the painter has refused the job due to this couples attitude and ranting. He doesn't trust they'd actually pay so won't start and feels bad for DH (whom he got the job) because he was too late to warn.

Did he give a written estimate, detailing the materials to be paid for and the work to be done? If not, it becomes difficult to ascertain who promised what and why. It would be foolish of him to do work on any more rooms until communication has been re-established and terms made concrete, though.

Thank you for your response, ouryve.

He did yes. It was a quote with a complete breakdown. The breakdown was per item and then each part that was needed to overhaul the item (since some were bigger then others and cost more). This was given over email and they accepted it.

He's completed the first three items to the letter: both quote and description.

He brought the items to start and (here we should have known they were funny) they emailed to say the day he was starting was suddenly inconvenient (no reason why) and could he start in a week. Now this was the night before and DH phoned them to say he'd already brought the items, per their instruction, he couldn't store them and he had another job lined up so the work had to commence on the date agreed. They seemed fine with that.

He's not willing to do any more work for them until they respond to his email and sort this out. They already owe a substantial amount and every day they refuse to pay for work he's doing is a loss for DH.

My Oh is also s/employed in the building trade - has been for 30 years, so I know how frustrating this type of customer is!
A few things -
1/ We always give a very detailed written quotation including absolutely everything that is to be done ie I wouldn't just put " replace skirting boards" but " replace skirting boards in dining room with 100mm bullnose skirting in softwood" that way you won't get stung for replacing the skirting everywhere with solid oak at 3 times the price. Yes, this does take a lot longer, but customers like the detail - often our detailed quotes get us the job over other builders as customers can see exactly what they are going to get.
2/ Be up-front about payment schedules - we ask for payment fortnightly, on a % of the total invoice amount, based on work done and materials on site. That way you don't get in too deep if they turn out to be twats.
Some customers open their own account at a builders merchants and we collect stuff from there on their behalf - you don't have as much risk, but you can't make anything on materials either.
When the job calls for large items we get the customer to pay for them directly, such as bathroom fittings, kitchens and appliances. These days with the internet you can't make much on them any way, and why should we act as a free bank by giving them credit?
3/ If asked to do extras on a job, write it down either in a day book or an additional [detailed] quotation and get the customer to agree the extra cost before doing the work - avoiding the "but I thought it was all included" .
4/ If you are a member of a trade organization, get onto their legal department. The FMB has good advice on this sort of situation.

Blimey, that was long! Sorry if I have been teaching granny to suck eggs!

Cross post, sorry! I think you need to give them time to respond. Put the email in a formal letter, repeating all the details of the quote and invoice. Deliver it by hand [wont get "lost" in the post] and give them a deadline - then keep chasing them. Stay polite [difficult!] but you don't want to be accused of harressment if it gets to court.
Check with the FMB or other trade organization where you stand.
You can take them to court, they may ask for the work to be checked, but make sure you have it checked as well or one of their "friends" may just say what they tell them.
Good luck!

Thank you goldencity1 for the advice I know my DH wrote a detailed description in the quote. But we will look into trade organisations and a more detailed payment schedule.

Thank you, I'll definitely bear that in mind. My DH doesn't want to get accused of harassment, we'll hand deliver a letter on monday.

Give them 7 days to pay and then go to moneyclaimsonline and sue them. What roughly is the amount in dispute?

Thank you Greengrow, it looks like that's the way forward. They responded to DHs email saying they were taking it under advisement and would get back to him after consulting with someone. I don't know how much proof he needs for claims court but their basic annoyance comes from the fact that they essentially expected a replacement instead of the overhaul they got. A replacement would have cost them a minimum of 5x as much.

His written job description and quote was crystal clear about what he would do as was his explanation and problem they cite with the newer items are part of the old integral system and present on the other untouched ones. The only way to try and rectify (and often cannot be rectified because it's just the nature of the item type) is to remove and replace with new.

In all honesty though, they sound like scammers and DH having spoken to the painter leads us that way even more. They refused to pay the painters deposit and for the materials he needed, which is another reason the painter was leery of them though he was going to give them benefit of the doubt until they started ranting at him. They are very wealthy and I expect that screwing people over is how they maintain that.

It's almost £1000, including materials and labour.

My dh has a building company and has come across people like this ie. not wanting to pay, they are being bullies. Document everything and always have a paper trail

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