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Stopping a cheque on a poor plasterer!


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I recently paid a plasterer to plaster a wall of mine. After he had been and gone I realise he had done a very poor job (the walls were uneven in numerous places by over 20mm over a 2m span and the finish was very poor - rippled and with steps in it).

I mailed the chap and he offered to come back and replaster the wall (he had also plastered my ceiling which wasn't good at all but more bearable than the wall).

After looking at the wall a bit more I decided I really didn't want him coming back again to mess up my wall a second time, so I stopped the cheque and thought I will send him another cheque for the work to the ceiling plus some extra for materials he used! - basically deducting a good portion of the money he charged for doing the wall.

I realise now that he can unconditionally take me to court for stopping the cheque, because it is a promise to pay that I haven't done - however where do you think I stand and what should I do now?

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The correct way is to allow him to return and complete the job to your satisfaction. If the job is still not up to scratch, then you employ a second company to put it right and ask for a refund of the cost of doing that from the first plasterer. If he failes to agree a refund afer you have corresponded for a while then the next step would be to tell him that you will seek redress in the courts.

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Thanks for the reply,

The problem is after looking at the job he has done, it is quite apparent that he obviously just cannot plaster! It's not so much an issue of him doing half a job, but more that I seriously doubt his ability as a skilled plasterer. On top of that he's washed excess plaster down my sink (so goodness knows if that may block up now!) so I really don't want him coming back just to repeat the exercise.

 

Do you think there are grounds for not getting him to come back and then cancel the cheque and offer a cheque for part payment (as I've done) and then if he takes me to court then I can counter sue for shoddy work??

 

Or should I appologise to him and write another cheque for the full amount and get him back round to try and fix the mess :| (obviously not my preferred option)!!

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Speaking for myself, I would invite him around to point out the errors of his ways and ask him if he is willing to renegotiate the price. As the cheque was stopped succesfully, you hold all the cards. I wouldn't give him another cheque, it's a little know fact about promisary notes.

 

You should get someone else to have a look and price it up for correction and then you will have a figure you can offer him.

 

If the problem / poor workmanship is visible, then take lots of pics in case this doesn't go that easy and you have something for use at a later time.

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Do you think there are grounds for not getting him to come back and then cancel the cheque and offer a cheque for part payment (as I've done) and then if he takes me to court then I can counter sue for shoddy work??

 

Here's your grounds, Section 13 of the Supply of Goods and Services Act 1982 :

 

13 Implied term about care and skill.

 

In a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill.

What you need to do is send a letter to the trader as soon as possible to state your case, in detail, to the effect that he's in breach of contract, and keep a copy.

 

What is not at all so good is to make your mind up and refuse to pay without the extra effort, tediously unpleasant though it may be.

 

8)

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