What consitutes a contract?

[pawsnizzy]

Hi All,
I've got a dispute with a builder that was employed by me to remove and replace an existing cracked concrete drive. It's been a disaster and a 6 year old could have laid the concrete better, I initially complained by txt, which was ignored, I then sent a comprehensive email, which was acknowledged with a promise to come round on the Friday, which was the day he broke up for a fortnights holiday (allegedly).
I have been completely ignored until Monday whan I sent a Tracked letter to him (thanks for the advice forum!), which quoted the Consumer Rights Act 2015 (as advised by CAB) and I had already filed a review with Checkatrade (after he failed to visit before his holiday) because they said they could not help unless I did within 30 days of the job.

I had a response yesterday was that there was no contract etc, etc. I thought that by agreeing to what was required and giving the go-ahead, was a contract

Can someone/anyone enlighten me please?

Many thanks

 

[ajlelectronics]

Can someone/anyone enlighten me please?

Took me a while to find the actual law reference rather than an armchair lawyer's opinion...

Consumer Rights Act 2015 - Explanatory Notes

www.legislation.gov.uk

 

[ajlelectronics]

One point to bear in mind is that the notes appear to be from when the CRA2015 was in its infancy, so although the contract facts are valid, references to SGA and SGSAs are now superceded by CRA2015.

 

[8ob]

The big question is has the contractor been paid? Assuming he hasn’t get quotes to put the work right.

Bob

 

[lazybones51]

Hi All,
I've got a dispute with a builder that was employed by me to remove and replace an existing cracked concrete drive. It's been a disaster and a 6 year old could have laid the concrete better, I initially complained by txt, which was ignored, I then sent a comprehensive email, which was acknowledged with a promise to come round on the Friday, which was the day he broke up for a fortnights holiday (allegedly).
I have been completely ignored until Monday whan I sent a Tracked letter to him (thanks for the advice forum!), which quoted the Consumer Rights Act 2015 (as advised by CAB) and I had already filed a review with Checkatrade (after he failed to visit before his holiday) because they said they could not help unless I did within 30 days of the job.

I had a response yesterday was that there was no contract etc, etc. I thought that by agreeing to what was required and giving the go-ahead, was a contract

Can someone/anyone enlighten me please?

Many thanks

Checkatrade is an absolute joke. I had what appeared to be a decent landscaping firm come round to do my garden, who turned out to be complete and utter cowboys. Checkatrade were not interest in the slightest and did everything they could to protect the landscaping firm from getting a negative review.

 

[ajlelectronics]

Checkatrade is an absolute joke. I had what appeared to be a decent landscaping firm come round to do my garden, who turned out to be complete and utter cowboys. Checkatrade were not interest in the slightest and did everything they could to protect the landscaping firm from getting a negative review.

Like most organisations of the type. If you can pay the fee, you're in.

 

[gaz1]

did you do it by a written contract or by word of mouth on what works was to be done on your property

have you anything sent by email or text on the work that was being carried out and what this entailed

if you dont it means nothing and so does your rights in this score

have you paid them fully yes or no
did you hold any money back until the job was to a satisfactory conclusion

whilst you say its a poor job could you post any pics of what has been done at all

 

[rcx132]

I had a response yesterday was that there was no contract etc, etc. I thought that by agreeing to what was required and giving the go-ahead, was a contract



Many thanks

Offer and Acceptance can constitute a contract.

 

[pawsnizzy]

The big question is has the contractor been paid? Assuming he hasn’t get quotes to put the work right.

Bob

The contractor was paid in full - It was only as it was starting to go off that the the concrete (lack of) levelling was readily apparent - no formwork was used, no proper tamping beam was used (a 1 metre length of 3x2), and it was all levelled by eye. I have been told that the mix was far too wet (they couldn't acheive the brushed finish I requested)

 

[Screwdriver]

Offer and Acceptance can constitute a contract.

Exactly. Not as if the builder can claim you told him to "just dump some concrete there". Clearly there was a verbal contract to provide a driveway and "fit for purpose" is the issue you will be going after.

 

[pawsnizzy]

did you do it by a written contract or by word of mouth on what works was to be done on your property

have you anything sent by email or text on the work that was being carried out and what this entailed

if you dont it means nothing and so does your rights in this score

have you paid them fully yes or no
did you hold any money back until the job was to a satisfactory conclusion

whilst you say its a poor job could you post any pics of what has been done at all

Even the Postman has said that he trips on it (and it's a horrible job)

 

[ajlelectronics]

A contract goes like this...

She offered her honour,
He honoured her offer
All night long it was
Honour and Offer.

 

[My_Teenage_Self]

Holy Carp. Me and the wife laid (our first) concrete slab for a shed last saturday; 3mx2.5m. It's far from perfect, but worlds better than that.

Small claims court? You've a right to be ****** off.

 

[JOEPRO]

Even the Postman has said that he trips on it (and it's a horrible job)

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That's even worse than the worst DIY concrete I have seen before.

Worst I've ever laid eyes on.

Apologies if this doesn't help but wtf were they thinking!

Does their house have wheels by any chance?

 

[8ob]

The contractor was paid in full -

Looks like a bit shabby. Kind of puts you on the back foot when you have paid in full, its almost an acceptance. Only you know the value of the job and whether it’s worth the ag of pursuing reimbursement.

Bob

 

[gaz1]

The contractor was paid in full - It was only as it was starting to go off that the the concrete (lack of) levelling was readily apparent - no formwork was used, no proper tamping beam was used (a 1 metre length of 3x2), and it was all levelled by eye. I have been told that the mix was far too wet (they couldn't acheive the brushed finish I requested)

Even the Postman has said that he trips on it (and it's a horrible job)

View attachment 462044 View attachment 462045 View attachment 462046 View attachment 462047 View attachment 462048 View attachment 462049

thats a really awful job

not enough material and it looks like theyve implied damp tamp effect

1st two pics are not enough sand and cement theres enough cement as its white but from the pics even if it was wet you wouldnt get the deepness of missing material within the mix

pics 3 and 4 and if i presume 5 and 6 is certainly not enough material laid down whilst 3,4,5,6 show hand tamping its a bodge job from the start and the lot wants ripping up and restarting all over again theres nothing you can do with it

 

[pawsnizzy]

Looks like a bit shabby. Kind of puts you on the back foot when you have paid in full, its almost an acceptance. Only you know the value of the job and whether it’s worth the ag of pursuing reimbursement.

Bob

To be fair to myself, I'd just been told that I needed more laser treatment on both of my eyes urgently (within days) and it was possible that I would lose most of my sight. Happily, it went well, but at the time, I just wanted shut of the bl*ody job!

 

[pawsnizzy]

That's even worse than the worst DIY concrete I have seen before.

Worst I've ever laid eyes on.

Apologies if this doesn't help but wtf were they thinking!

Does their house have wheels by any chance?

Not wheels, but otherwise affordable (not that that is bad)

 

[pawsnizzy]

The contractor was paid in full - It was only as it was starting to go off that the the concrete (lack of) levelling was readily apparent - no formwork was used, no proper tamping beam was used (a 1 metre length of 3x2), and it was all levelled by eye. I have been told that the mix was far too wet (they couldn't acheive the brushed finish I requested)

My biggest worry is this:

As I honestly do not believe that they are capable of doing the job satisfactorily - Could I insist that someone else completes the job?

 

[cocker]

Was it a "cheap cash job" ?
If so , you got exactly what you paid for !
If it wasn't , flame the firm/bloke on social media .