Kitchen fitter did a day's work and disappeared

[kenwood]

I waited ages for a supposedly good kitchen fitter to come and refit my kitchen. He came during the second week in January and stripped out one side of my kitchen where all my appliances were situated. This was in order to see some obstructive pipes so that he could plan around them. I was in constant touch with the fitter via text messaging. By the time I knew the items were arriving I asked him to come back but he ignored me. I was constantly begging him on the phone and via text to come and make some progress but he did not come back. I have been without the use of appliances and running mains water in my kitchen for 3 months now. It was only in March that I gave up and started looking for another fitter and finally work started last Monday.

 

The first fitter has now contacted me again and wants to be paid £300 for his day's work saying he did "an honest day's work". To me it doesnt seem honest and furthermore I have suffered hugely from the inconvenience of not being able to do anything in my kitchen. of having to buy cooked food and drinking water and to take my laundry out regularly. He has also inflicted some damage to my kitchen by smashing tiles that were already in situ and throwing out items that were needed and now need to be replaced. These items alone come to around £75.

 

Do I have the right to sue him for non completion of the contracted work if he persists with his demands for his day's work?

[BankFodder]

Yes you do have that right. However, do you know where he lives and does he have any assets?

 

Might be best to put it behind you but in the event that he tries to sue you for the money, defend and put in a counterclaim for the expense and delay that you have suffered.

[kenwood]

Thank you. I'd rather put it behind me now but he's becoming increasingly aggressive about getting his £300. He seems genuinely unconcerned about the stress and inconvenience he has caused me and doesnt believe he owes me anything in lieu of that. I did threaten to sue and wanted to be sure where I stood. I think he just expects a cash payment. I'll wait to see if he sends me a proper invoice. If he does, I'll send him one and take it from there. I do have his address. I think he is quite successful - he might even have properties he rents out as he was trying to convince me to rent my flat out. He seemed very knowledgeable about renting and rental income. He's probably a good person to sue as he does have money! The reason he ditched my work was because more lucrative work came along.

[BazzaS]

What does your contract with him state?.

Is it "payment on completion"? : where he can't claim for much if he didn't complete the work and he can't claim "substantial completion of works"

Is it "payment for stages" or "cost per day" where he can claim for any day or stage completed?

[kenwood]

Thank you Bazza. The exact wording is "We will require payment in instalments as work progresses". This is on an estimate rather than a quotation if that makes any difference. The overall estimated price was £3,500.

[BazzaS]

Thank you Bazza. The exact wording is "We will require payment in instalments as work progresses". This is on an estimate rather than a quotation if that makes any difference. The overall estimated price was £3,500.

 

I doubt it will go to court : how is a court to interpret such a vague term?.

He'll claim that a days work is one installment as work progressed, and claim for that days work.

You'll claim that that is hardly a viable installment, and you will claim to be put in the position you would have been in if the contract had been completed by him : so, if the total cost (including repair and any allowable damages) is more than £3500 even after you have mitigated your losses by getting multiple quotes, you'll want the difference between what what you end up being out of pocket and £3500, so in the end "it only costs you £3500".

If it did go to court, then the court would have to look at the behaviour of each party, and decide which is the correct approach.

[kenwood]

Thanks Bazza. I also doubt it will go to court but I need to be able to hold that threat over him so that he backs down. In the meantime if he sends me a bill, can I send him one back claiming for say

£5 per day precooked meals for 10 weeks £350;

laundry once a week at £8 for 10 weeks £80;

for 2 1/2 hrs pay that I didnt earn because I had to be at home to receive delivery of the kitchen units, as he wasnt on site (I'm paid hourly as I'm a temp); and

the items he lost and damaged £75;

and anything else that would be reasonable that you can think of?

Is there a value to being unable to enjoy my kitchen (the old one or the new one) and to live with a bare bricked room for 10 weeks?