Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Original poster

Wrongly installed shutters , should I pay rest of balance on invoice ?

26 replies

Charliescar · 29/12/2019 05:30

Had shutters fitted on 20th Dec . Fitter did not install them into recess of window as agreed . I have this in writing.
However , fitters is saying that when I paid the deposit invoice ( so he would order shutters) it says on invoice that full payment will be made 7 days after him receiving shutters or installation, whatever comes soonest.
I have said I will not pay the rest of the balance until the work is done as agreed , to have the shutters fitted as far in to window as possible. This is in writing . He has only done this on one window ! There is no reason why he hasn’t fitted them line this , I think he forgot !
Should I stick to my guns and not pay until the work is done ?

OP posts:
Original poster
Charliescar · 29/12/2019 05:45

Oh ! Him receiving the shutters was soonest as he received them on the 18th dec

OP posts:
Untrained · 29/12/2019 05:45

Yes stick to your guns! You will have no chance getting it put right once you’ve paid in full; the remaining money is all you’ve got to ‘bargain’ with.

Original poster
Charliescar · 29/12/2019 06:31

Thanks untrained . I am just concerned about the part on the invoice about payment in 7 days from him receiving shutters or from installation.
He is going on the 7 days from him receiving shutters. I don’t want to be in breach of contract.
I made sure I had all details in writing before I placed the order and paid the deposit. Invoice and I was expecting them to be fitted per what I specified . This included making sure it was clear they were fitted into recess.

OP posts:
Original poster
Charliescar · 29/12/2019 06:34

The outstanding balance is £1650. He has asked us to pay the £1000 and he will come next week and the install them . Then I can pay the remainder.
I am also concerned as when he moves the shutter frame from front of recess , he will pull of plaster work , damage window sill etc and I am not sure if he is going to Maje this good again

OP posts:
TW2013 · 29/12/2019 06:41

Have you covered the cost of the actual shutters? I would probably pay that and the rest when the job is done.

AJPTaylor · 29/12/2019 07:06

I usually retain enough to make them cone back. So it depends.
E.g. plasterer who did all but one corner of a room got 150 of his 400. Why? Because if I had paid him more, he may not have come back and it would have been a pain. Is 650 enough to make sure he will do it?

BelfastNonBlonde · 29/12/2019 07:12

Don’t worry about the 7 days. He is already in breach of contract for not installing as agreed.
You will have no incentive for him to come back and make it good if you pay the balance and he’ll have you over a barrel.
I assume the £1000 already paid covers the cost of the shutters themselves so he can at least pay his own suppliers - but the balance is the cost for the work, which he has not done in accordance with the contract - so you should not pay him for that until it’s done.

Original poster
Charliescar · 29/12/2019 07:14

We paid £800 deposit , this does not cover the cost of the shutters. We need to pay around another £800 to cover the cost of the shutters .
On the quote the fitting was around £433

Not really happy doing that either tbh
Just worried he won’t redecorate etc where he removes the fittings from the shutters

OP posts:
Original poster
Charliescar · 29/12/2019 07:19

@BelfastNonBlonde we have paid £600 deposit I think , this does not cover the cost of the shutters . We owe hi about £1600 , I think £400 of that is fitting ( that’s what I remember it saying on the quote)
I have not signed anything

OP posts:
Original poster
Charliescar · 29/12/2019 07:21

@BelfastNonBlondefve £1000 he wants us to pay is so he will come back and refit the shutters in the recess . This will leave us owing him around £650. This is to be paid when he has refit the shutters

OP posts:
R2519 · 29/12/2019 07:33

If they have been fitted incorrectly you can withhold final payment until it’s been done correctly. If you have 1 shutter correctly fitted and you owe £1659 you could offer to pay a third of what’s owing with final balance on correct fitting of the shutters and putting right what damage if any gas been caused.

If you are worried about the terms of the invoice give citizens advise a call. They are very good with this sort of thing!

Original poster
Charliescar · 29/12/2019 07:41

Yes R2519 , that’s quite a good idea to pay for the one they did correctly.
I am worried to pay too much to them incase , they don’t come back or they make a cock is reinstalling them .
Looking at 2 of the shutters I am not too pleased with the workmanship , but have not mentioned it as I presumed they would be reinstalling and I would get it rectified then.
I just want to make sure I am in the right .

OP posts:
MarieG10 · 29/12/2019 08:23

Sorry I will disagree. You have contracted him for a job lot and payment is due when it is finished to the specification agreed. Whilst he might have done two correctly, it doesn't mean he gets part payment.

Do NOT pay any more until the job is finished to your satisfaction. You are far more likely to get it done than laying bits at a time

If you have any doubts speak to Citizens Advice

Original poster
Charliescar · 29/12/2019 08:33

I don’t really want to pay anymore until the job is done properly .
I am just worried he can start legal action . He is a franchise of a company .

OP posts:
Original poster
Charliescar · 29/12/2019 08:45

I think the main problem for me is the invoice says” balance is due in installation or with in 7 days of delivery - whichever dates comes soonest “
He received the shutters on the 18th Dec , they were fitted on the 20th.
So do we have a leg to stand on seen as he did receive the shutters on the 18th ?

OP posts:
BelfastNonBlonde · 29/12/2019 08:45

I wouldn’t pay any more until the job is done as agreed.
Highly doubt they would start legal action whilst the work is not completed per the contract - not worth their while for £1600, and bad for reputation - so legal action would be the least of my worries to be honest.

Agree with @MarieG10 also - don’t part pay for bits and bobs. Wait until he has corrected all faulty / non-spec work then pay in full.

Original poster
Charliescar · 29/12/2019 08:49

Really annoying. DH didn’t want them , he finally agreed to them .
Now he is upset and stressed as he thinks I am upset . I am just cheesed off !
Why can’t people just do what you pay them for !

OP posts:
BelfastNonBlonde · 29/12/2019 08:57

The terms of the invoice that you have quoted are unclear and disputable (for the nature of the work) in my opinion. I.e. what exactly is “delivery” and why is it applicable to you when you are paying for installation of shutters in your home according to an agreed style and spec.
How could installation ever happen BEFORE delivery...so essentially the T&Cs would always require payment within 7 days of them “receiving” the shutters...whether they actually install them within a reasonable time period, at all, or properly... bad T&Cs, therefore arguable.

I would say that is just the “standard” T&Cs they always use, but they are badly worded and I doubt could be used in court to support argument that they should be paid in full for work not done - where you are fully depending on them carrying out the work.

If they needed the first payment/deposit to cover the cost of the shutters themselves then they should have structured it that way.

Original poster
Charliescar · 29/12/2019 09:20

@BelfastNonBlonde - I have been running the same thing through my head about the 7 days of receiving shutters and installing them. Glad someone else picked up on that too.
The invoice he gave me on Friday after the shutters were fitted says “ to supply and install Antigua plantation shutters to 5 windows tier on tier”
It does not mention the position of the shutters , however I DO have that written in a email from him . It says all shutters to be fitted in the recess . I finalised that with him before I paid my deposit .

OP posts:
Original poster
Charliescar · 29/12/2019 09:56

Would be grateful if anybody knew the legality of this or has had a similar thing happen to them with work

OP posts:
Original poster
Charliescar · 29/12/2019 10:09

His argument is that because I paid deposit back in October where it mentions scout the payment of balance on installation or delivery of shutters, I have agreed to that term and that is binding

OP posts:
MarieG10 · 29/12/2019 11:13

Your email sets out the spec of what you wanted. Assume you sent before he ordered them?

Anyone can start legal action but why would he. The job is not yet finished to the standard required. If he doesn't finish it then you will,have to get another contractor in and although you will then need to pay for work done to a satisfactory standard, you can deduct any other costs you have incurred by him not fulfilling the contract as long as they are reasonable costs.

Do not be pushed around. Put everything in writing or email and be d,ear what you expect and the conditions to settle the account.

Original poster
Charliescar · 29/12/2019 14:20

Just seen this behind one of the shutters - does this look right ???

Wrongly installed shutters , should I pay rest of balance on invoice ?
OP posts:
MarieG10 · 29/12/2019 17:22

Look. If you have a contract that requires you to pay when the product has not been installed to a satisfactory standard then I think it is unlikely to be upheld.

In any event, getting to court takes months. He will just want paying so refusing to pay until they are all fitted as ordered to a satisfactory standard is not not reasonable. If he refuses to continue and takes you to court, the obvious question is then why?

In any event, it would go to the small claims court which is basically dispute resolution. He couldn't claim legal fees or any thing like that.

Just stand up,to him and be resolute. He will fit them and resolve the issues that you have.

I have had an issue with upholstered furniture that was made to order. I specified that the fabric must be able to withstand spills and be fully wipeable. When i did spill stuff it left a faint mark. As such I refused to pay the bill and demanded the fabric be replaced. The supplier replaced the fabric but the person who made the furniture (and who was supplied the fabric) refused to fit it and took me to court for the outstanding balance which I had withheld amounting to the cost of reupholstering the furniture

Outcome. The judge summed up the case. " This is like a Friday afternoon car. The engine doesn't work, blows smoke and won't power the car. The manufacturer agrees to send a replacement engine. When the customer arrives at the dealers then the engine is sat by the car and he is told to fit it himself. This is clearly ludicrous and this case amounts to the same principle. Judgement for the defendant"

Common sense usually apples. I have used or threat of using the small claims court several times and has always gone in my favour as I have been reasonable

ByAppointmentTo · 29/12/2019 18:07

That looks dreadful OP. The corners of the shutters shouldn't be held together with plastic and what's the red thing behind?

Swipe left for the next trending thread