To pay or not to pay

[Lbuc]

Help needed to try and decide whether I should pay for a part completed job. I recently needed got a quote from the guy who was sorting my garden for 2 jobs. 1-to lay a new lawn. 2-paint house exterior, including paintwork and replacing a sill. Whilst he is a gardener he had done this type of work before. He quoted 1K for both jobs and I accepted the quote on the assurance that it could be done by my birthday party at end July.

He laid the lawn and that was fine and so I paid 500. But then he seemed to be having problems getting help to paint the outside of the house. In the final week before my birthday he painted the 3 back windows and the back render. The quality isn't great, splashes of paint onto my patio doors, not enough paint on render and paint not cut into windows. Then 4 days before my birthday he said that his knee was bad and he was unlikely to get it complete as he couldn't climb ladders and couldn't get anyone else to do it. I was texting to ask if he could complete the stuff that didn't require ladders and got no response. So I went ahead and got someone else to do my woodwork in time for my party, which cost a lot more because it was such short notice.

Today he has been in touch to say that he wants 180 of the 500. I've said I'll have to consider as I would never have entered into the arrangement if there was a chance it wouldn't get done in time. I didn't refuse to pay but did say that I didn't agree with his assessment as most I'd the work was in the front of the house (2 bay windows and porch with sill to be replaced). Since he got my text his wife has called me 3 times (last call at after 10 pm despite me saying that I was in bed).

I don't want to be unfair, nor do I want to have my lawn ripped up by an angry gardener! Any thoughts on what I should be paying, if anything?

His wife's calling me early tomorrow morning so I'd appreciate feedback ASAP!

Thanks

 

[Robbie uk]

He obviously isnt a painter and wasnt up to doing the job. I wouldnt pay him anything.
You had agreed a sort of verbal contract which he hasnt honoured.
Tell him to sling his hook... or rake ..or spade...

 

[cajar]

Pay him nothing more. A quarter of a job is worthless, and he had the opportunity to fix it but didn't bother.

His wife is just chancing her luck - put her straight.

 

[digdilem]

Yes, agree. Don't pay.

Legally he has no right to payment.

Morally you could come to an arrangement, but by the sound of it you aren't happy with the quality of the work and it has in no way eased the proper decorators who came later. If he'd painted 1 of 4 sides of the house and the replacements hadn't had to re-do it, sure, you could morally pay him a quarter. But he hasn't. He's spent a few hours and a bit of paint making a mess.

You have paid without quibble a portion for the completed work - the lawn. If your intention was to withhold or do him out of any money, you'd have shafted him there, or taken the verbal contract to be completed when all parts were done. Viewed like that, he's done ok by being paid for the sod. (Edit: s-oh-dee - it's a valid word, censorbot!)

If wife becomes problem, mention harrassment, police, court order etc.

 

[Lbuc]

Thanks for all the advice, just wanted to be sure I wasn't being a total b! guess my only concern now is that he takes massive offense and then starts to rip up lawn, smash windows etc. he mentioned that he'd nice ripped up someone's lawn over non payment - appreciate that at this point I should have run for the hills. Cheers!!

 

[Growler]

I can't make my mind up on this.

 

[dcdec]

If he rips up your lawn just dial 999 and he'll be in a world of trouble.
Part of me thinks serves you right, i'm sick of the problems these dumb handymen are causing ALL trades, and people like you are only keeping them afloat, would you get this guy to service your car? i doubt it, but you're happy to let him loose on the biggest investment of your life which you spend the best part of paying for. Did you really think you'd get a quality exterior re-dec done for £500 but now you only turn to the pro's now its gone wrong?

I wouldn't pay him and i wouldn't want to come and try and put it right either

 

[Growler]

I've started to argue with myself now about this.

I'm quickly turning into Judge Growler.

 

[TheDec]

I've started to argue with myself now about this.

I'm quickly turning into Judge Growler.

Dec

 

[Growler]

Right. Let's say L.buc, who herein shall be called "Len", refuses to pay gardener, who herein shall be called "Ben".
Len refuses to pay Ben so Ben takes Len to court to claim the £180 which he claims he earned.
Len's defence is he didn't do a good job and didn't finish but Ben says he couldn't finish cos of his cartilage. He also produces a doctor's note.

Ben says that had his cartilage not given way, he would have been allowed to finish so the quality of the job wasn't in question and anyway Len knew that he was only a gardener anyhow and he was doing the job cheaper than a pro would have done so that was understood.

My ruling.
Len has to pay Ben for the work carried out because Len hasn't really lost any money. The fact that he's employed someone else to do the rest is only what should have happened anyway. Just because it wasn't done for Len's birthday doesn't make Len out of pocket.
So - Judgment for Ben for £180.
Judgment is final.... unless I come under intense pressure, in which case, it can go to appeal.

 

[cajar]

Would a painter take on a half finished job and only paint the bits that were missed? Help me out here but I reckon any decent painter will do the lot again, rather than just cut in bits that were missed. That being the case, the whole job had to be redone, and paid in full.

The bit about the knee doesn't matter here - whether he has a doctors note or not. The customer agreed to pay £500 to have his house painted to a reasonable standard. There was no agreement about part completion or day rate. if the gardener cannot finish it because his knee hurts or is kidnapped by aliens it is not the customer's problem - after giving the guy reasonable opportunity to complete the work he is entitled to consider the contract void and employ someone else, the gardener entitled to nothing.

 

[Growler]

Some painters do anything. It's not up to the painter what to do, it's up to the customer on what they want to pay for and in this instance he's got what he should pay for.
Len still had to have the job done but he's not lost anything.
Appeal dismissed.

 

[TheDec]

Some painters do anything. It's not up to the painter what to do, it's up to the customer on what they want to pay for and in this instance he's got what he should pay for.
Len still had to have the job done but he's not lost anything.
Appeal dismissed.

Dec

 

[cajar]

Wallet is still closed, sorry

 

[Lbuc]

Wowsers, didn't realise I'd inspire such debate!

Gardener called today and was much better than his wife. He reckons it cost him £100 for paint of which he used half and that he spent 2 days @ £100 a day, so he's massively discounting me down to £180. It was a pretty decent chat and he seems genuinely concerned at how badly he'd let me down. I'm thinking as a token gesture that I pay him £100 for the paint and get him to return what he hasn't used. I do want to come to some kind of compromise.

Ps - I will now always ensure that I use the right person for the job, point taken!!!!