Am I obliged to pay

[TheBridge]

Long Story, I build a house last summer, contacted and contracted a local small window supplier to supply and fit uPVC window frames, glass and doors.He promised me 2 week delivery time ( verbal). Over the course of the summer, I registered over 100 calls to this guy, none returned, and he fitted the windows over a period of 10 weeks at his convienence, several times I threatened to walk away from the deal and then the very next day he would arrive to fit more windows. This went on for ages and delayed the project. Anyway in the end, he disappeared altogether, so I wrote to him telling him if he did not have the job finished by that friday to consider our contract cancelled. There were still lots of little tweaks to be done with the windows etc. I had paid him 2/3 of the money at that stage. So I never heard from him. I get another window company to finish the job. They comment how poor his work was. Now 6 months later our friend shows up looking for his money. What are my rights? Do I have to pay him all? any of what I owe him for very poor service and abandonement of the job? Any advice would be very much appreciated.

 

[Marion]

Hi TheBridge

Now 6 months later our friend shows up looking for his money

What money is he looking for? You mention that he hadn't completed the work. Is he looking for money for work not completed?

I would imagine that he failed to carry out the agreed contract and that you would only owe for work that was actually completed.

A quick phone call to the ODCA should clarify your position.

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Marion :hat

 

[Vanilla]

Well this is what I 'd do.How about subtracting the amount you had to pay to the new window company from the amount you agreed to pay to this guy for a start. Then sit down with him in person ( with the cash in your hand) go through the way he let you down and make him a reasonable offer, to be paid there and then, but make sure he signs something to say hes been paid in full. Hard cash is very hard to turn down, even when its less than he might have hoped for.

 

[Biggles]

He would have some right to be paid for the work he did - but certainly not for the work he didn't do.

If you pay him, he's free to sue you and to the extent that he has done at least some of the work, they're a good chance he'd be successful.

As a way of avoiding legal action, you might be advised to make a reasonable offer that accounts for the work he actually did.