Poor workmanship - can I cancel?

Discussion in 'Builders' Talk' started by Robert Lee, Sep 11, 2021.

  1. Robert Lee

    Robert Lee New Member

    Hi, I posted on here a couple of days ago about a new patio we are having laid. I posted some pictures as I was un-happy with the build so far on the steps. The cuts are wobbly and rough (they were done using a petrol cutter). There are uneven gaps and chips out of the porcelain tiles.

    After some investigation, including asking why they didn't use a wet saw bench? (It's at another job apparently). We sent an email outlining our concerns and received a reply this morning.

    The tradesman wants us to re-sign a new contract which will have the following:

    He will re-do the patio steps to tidy up and make the lines straighter.

    He does not take any responsibility for damaged tiles and will not carry out any remidial work if needed. We used Pavestone porcelain tiles (they were not cheap) on his recommendation. We also purchased them from the company that he recommended.

    He wants us to pay in stages as opposed to on conclusion of the works which was originally agreed.

    He mentioned (these are taken from his email) "using as an upstanding as well rather then the render finish which was quoted" I have no idea what this means, but he says it's an extra cost now?

    Also he asked if we wanted the wooden sleepers removed along with a small bush that was planted as part of the works? We said yes it it would be easier laying the porcelain tiles that way? He stated this is now an extra charge.

    So far they have lifted and placed the old concrete slabs in the skip. Removed the wooden sleepers. Concreted in some breeze blocks. Installed the poorly cut and laid porcelain slabs for the steps.

    I'm not sure where I stand on any of this? He mentioned that we should have given him and his team anudge when he was outside if we we're un-happy with anything? I hate being 'that' customer who stands over tradesman. Trust works both ways... We were happy to say hello in the morning, ask if they wanted tea/coffee, we gave them a big container of biscuits to help themselves too, purchased loads of bottles of water for them (it's been hot).

    We just feel a bit let down with the poor workmanship on the steps so far. People have already mentioned in my other thread that the build is poor and that of a diy'er.

    I'm still concerned that he cut the porcelain tiles on a piece of old chipboard whilst straddling it? If he had said that he was running late on another job and that he could use the wet saw in a few days I would have been happy.

    I'm thinking off just asking for an invoice for the works carried out so far, including the cost of the skip and materials and going are separate ways as the porcelain tiles are obviously not in his remit.

    I'm concerned that he'll give me a massive bill for the labour so far?

    Thanks in advance from a very stressed family.
  2. jonathanc

    jonathanc Screwfix Select

    Do not agree to a new contract. The issue is performance under the current contract. I would immediately reply to the builder saying that you will not enter into a new contact and you require him to perform services under the current contract.

    The current contract says payment on completion and that is what you should do. What does it say about disputes? In the absence of any further information about the existing contract. As he has admitted there are faults it is up to him to complete the work and rectify faults before anything is paid. If he walks off or tries to issue an invoice outside of existing contract terms reject it citing the current contract
    Robert Lee likes this.
  3. Robert Lee

    Robert Lee New Member

    Thank you for the above, it was going really well when they initially started. But the workmanship on the cutting of the tiles is awful... Everything I read said to use a wet saw (even the tiling packaging said the same). I think he's either doing 2 jobs at once or the other ones overrun and he's trying to catch-up.
  4. jonathanc

    jonathanc Screwfix Select

    Frankly irrelevant . It all depends on the contract wording
  5. stevie22

    stevie22 Screwfix Select

    He's trying it on. He is responsible for damaging your tiles by using the wrong tool to cut them. They need replaced at his cost.

    Absolutely do not agree a new contract.
    Robert Lee likes this.
  6. GRH

    GRH Member

    Your original quote above "... I have no idea what this means, ..." speaks volumes. No new contract, stick to the old one and insist on it being fulfilled. He has fouled up and is trying to side step his responsibilities by muddying the waters.
    Robert Lee likes this.
  7. koolpc

    koolpc Screwfix Select

    He needs to be told to dont come back!

    Trying it on and shoddy workmanship. Disgusting.

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