Can I change my mind?

Discussion in 'Builders' Talk' started by Dicky Heart, Oct 27, 2009.

  1. Dicky Heart

    Dicky Heart New Member

    Evening All,

    We're about to have a small extension done, garage and room above. We have done the usual getting three quotes, checking work and references, and given a verbal decision to one company. Now, when it comes to approving the payment schedule and contract, the guys are unwilling to let us keep a retention, amongst other things. We verbally agreed a start date, but are now having massive second thoughts. Are we able to change our minds, and go with another builder two weeks before work is due to start?

    Any advice? DH
  2. nearnwales

    nearnwales Member

    It's your house I can't see why not. Have you signed agreement ? . A retention is normal thou.
  3. firestop

    firestop New Member

    Verbal contracts can have the same power as written ones. Best to try to find an amicable solution.
    Cancelling might depend on whether your builder has spent time/money in anticipation of the work.
    Tread carefully.
  4. Dicky Heart

    Dicky Heart New Member

    I don't like giving back word to anyone...I know, it's happened to me, but things just don't stack up. There's no written agreement, but I feel like I'm being unfair changing my mind this late.

    Perhaps I'm going soft in my old age!
  5. Mr GrimNasty

    Mr GrimNasty Active Member

    Look, if you don't take control NOW, this is going to end in tears.

    Put this in writing, but be careful you don't put in writing anything that alludes to a previous firm oral agreement - tell the builder unless you have a written contract/terms (with a retention or whatever you want) then you will be finding another builder. Any competent professional would be happy to have a contract.

    Don't let them bully/railroad you at the outset - just how many liberties do you think they will feel free to take if you fold at the outset!

    Remember nice guys finish last with heel marks all down their back feeling bitter. I should know!
  6. mad.max

    mad.max New Member

    The question of a verbal question is valid, but I can't see a court falling on the builders side, if he can't prove anything. How can you have a verbal contract if your'e still thrashing out conditions.

    I'm with GM. If you can't agree now, it WILL end in tears.

    When did you "verbally agree". You have an absolute right to cancel within 7 days IF the agreement or contract signing took place in a place other than the builders place of business. In fact, if he has done any work within the statutory 7 day cooling period, he can't actually enforce payment!
  7. chippie244

    chippie244 Super Member

    If he hasn't given you a written form stating your rights to a seven day cancellation you don't have a contract verbal or otherwise provided the discussion didn't take place in his office.
  8. Mr GrimNasty

    Mr GrimNasty Active Member

    All contracts (unless sign language!) are verbal, you guys mean oral - by mouth, unwritten. It is an important distinction - *

    [Edited by: admin]
  9. ponty01.

    ponty01. New Member

    a verbal contract is equally enforceable as a written contract is.

    the problem is 'proving' what was verbally agreed. unless it was recorded, and trust me, i hve known recordings to take place, covertly!

    IWS: Information With a Smile :)
  10. Mr GrimNasty

    Mr GrimNasty Active Member


    A written contract is still verbal.

  11. ponty01.

    ponty01. New Member

    oh. i didn't hear it, when i signed and returned my BUPA membership by post yesterday.

    IWS: Information With a Smile :)
  12. ponty01.

    ponty01. New Member

    nor when i returned a loan application form that was sent when i applied on line. that was very quiet. perhaps i am going deaf. wfi.

    IWS: Information With a Smile :)
  13. Mr GrimNasty

    Mr GrimNasty Active Member

    Oh *** - the legal definition of a contract agreed by word of mouth is ORAL, all contracts are VERBAL as in they consist of words whether spoken or written.
  14. ponty01.

    ponty01. New Member

    but i never spoke a word when applying for either. i went online when applying for the loan, and within a minute a message popped up confirming the application was successful upon me signing and returning the completed application form that was to be posted to me, which i complied with.

    the only speech was in the post office where i said 'can i have a first class stamp please', followed by 'thank you'!

    definition of oral/verbal / written are all different.

    now stop wasting my limit resource of posts remaining :(

    IWS: Information With a Smile :)
  15. Mr GrimNasty

    Mr GrimNasty Active Member

    What the hell are you twittering on about?
    Come back when you can talk sense boy!
  16. ponty01.

    ponty01. New Member

    fact over bull. works every time. try changing your strategy to give fact instead :^O

    damn, thats one less post that i have remaining. THANK YOU VERY MUCH :(

    IWS: information With a Smile :)
  17. imran_

    imran_ New Member

    Chippie is right, unless he has given you notice of DSRs he can't enforce contract/payment anyway (though once work has commenced that would be more onerous to uphold).

    Why not just go back and tell him you're not happy, and that on advice from professionals (well me anyway :) ) you need to retain some payment until completion.

    Let's face it, otherwise you can stick your snag list up your rze !
  18. Mr GrimNasty

    Mr GrimNasty Active Member

    Nothing's changes ORAL contract = spoken, Written = written, verbal = both.

    You post nonsense and don't make a point - what do you expect me to say. Turps made you twerp I guess?
  19. Mr GrimNasty

    Mr GrimNasty Active Member

  20. chippie244

    chippie244 Super Member

    Mr Grim, everyone knows Poncy No2 is a troll so there is no point getting worked up about him.

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