Electrician walked off the job half way, An UPDATE!!
Ok a Little bit of back story.
I am doing quit a large new self build and needed a lot of electrical work doing. I got quotes from 3 companies, I went with:
C S***** ELECTRICAL CONTRACTORS LTD based in
Braintree Essex. He is a member of the ECA.
They where one of the most expensive quotes however I liked the guy and felt he would do a good job. Quality is more important to me then cost.
The initial quote was for:
first fix ÂŁ7375 and second Fix ÂŁ5000.
I would supply everything except cables and back boxes.
Originally First fix involved the
following:
7 ring mains for 48 plug sockets
34 lighting circuits with 186 fittings
power to 4 showers
first fix fire alarm system with 13 detectors
6 extractor fans
30 amp supply to induction hob
30 amp supply to flat roof with waterproof
box. 2 outdoor power supplies
2 outdoor lights
fit intercom.
I agreed to pay ÂŁ3 093 upfront as a deposit. I did this because he was based in Braintree, Essex and I am based near Sheffield. First fix would have taken about 3 to 4 weeks he would have to stay in a hotel during the week.
After he got to site we found I wanted to add a lot of extra sockets and light fittings, we had 95 sockets and 210 light fittings. I agreed I would pay ÂŁ25 extra per plug socket and ÂŁ20 per light fitting
The Electrician started on Monday (01.10.12) and went home Thursday afternoon. He had another young lad with him, I have no idea what qualifications the boy had but he told me that he was a fully qualified electrician.
In this time the following work was done
Install 6 ring mains with 53 back boxes (35mm)
On Sunday I got the following email form him:
Hi P****,
Just a quick email to advise you that I will not be coming back up to chesterfield as I was not happy in the way that you handed out the first payment or operated.
I run a professional business and do not run a cash business and that we were paid by a second party.
The work that has been carried out so far, are the six ring mains all wired and boxed to which you have paid me ÂŁ3093.75 of the first fix cost of ÂŁ7375.00 to which I have also fitted 44 additional points.
I'm not after any further payments as the works can be carried out by a second party.
Regards C**** S*****.
What happened was that on Monday I was supposed to pay him the deposit so I took cash in but he wanted in his bank account.
So I said I would go to the bank to drop the cash into his account. I was quite busy with other builders on site and did not get the chance to go to the bank so on Tuesday again I was on site so I gave him the 3k deposit in cash and told him to hold onto the money until he can see the deposit in his account, I then got my business partner to do a BACS transfer into his account which showed up a few hours later so he gave me back the 3k I gave to him as security. Its not that I was not willing to pay only the logistics of getting into the bank to do the deposit but he was very stressed about getting paid.
I then sent him a letter asking for ÂŁ1,693.00 back as I worked out how much in materials he used and then allowed ÂŁ150 per day each for labor. To be quite honest this was generous but I was trying to be fair. I was also not happy that the 35mm back boxes were not chopped into the walls (we planed to dot and dab sound block plasterboard onto solid block walls), I also felt that the cables running around should have been tacked back to the walls.
I got this back from him
We write in direct response to your undated email letter, as your registered post copy has not
yet been received, concerning works at the above premises.
Your letter clearly identifies that, at worst, we have a divisible contract and accordingly, we
are quite within our rights to stop work when the first fix has been completed. Your letter
is not an offer, nor does it seek to prejudice your position, as such, the 'Without Prejudice'
carries no weight, we shall be presenting your letter, as evidence to the court.
We have raised our objections to the way you conduct yourself in respect to paying by
using a third party and by claiming that the job is zero-rated. We have undertaken many
zero-rated jobs, this is not the way VAT is managed. If you can assure us that HMRC
have issued a redemption certificate, we shall be very pleased to waive this charge.
We have not completed the works, your behaviour means that we cannot see how we can
do this. Consequently, we render our account in the sum of ÂŁ2577.50 plus VAT (making
ÂŁ3093) which we have accepting payment from a third party. We have undertaken a 'dead'
test in order to assure us that whoever undertakes the remaining works, the integrity of
our works cannot be called into question.
We thank-you for the photographs. On a project that is still to have its walls sound proofed
and plaster boarded, at a 35mm depth (as per your instructions), we would not expect the
first-fix electrical works to look any different to what they do. Cables would only be
'tacked' or capped if a contractual specification required. BS 7671 makes no such requirement.
If you persist in taking this matter to the small claims court, we shall be using this letter as
the basis of our defence.
Yours faithfully
As its a new build we are Zero Rated for VAT. No other trades have charged me VAT nor has my kitchen supplier. I have spoken to HMRC a few times and they tell me there no such thing as a VAT exemption number in this situation (which is what he asked for).
http://customs.hmrc.gov.uk/channelsPortalWebApp/channelsPortalWebApp.portal?_nfpb=true&_pageLabel=pageLibrary_PublicNoticesAndInfoSheets&id=HMCE_CL_000513&propertyType=document#P1284_129676
So I then submitted the papers to small claims court.
He then responded claiming to the court that the fire alarm and lighting was never part of the quote.
Today the judge ruled against him in "Default of defence" and I was awarded the full ÂŁ1,693.00 and ÂŁ120 costs.
Sorry for the long post but I did promise a full update and was trying to be a clear and honest a possible.
I don’t know if I will actually get any money out of him but I feel I did the right thing by taking him to court. He is not short of a few quid, he and his wife both had quite nice Rolex's and were staying in a VERY nice hotel when I first met them. We actually met in Prague by chance when I stopped to give him directions and we got talking.
This is the original thread
http://www.electriciansforums.net/e...trician-walked-off-job-half-way-what-now.html
I have not posted his name because I do not want to end up in court defamation of character.
The electrical work as now been taken on by a forum member who has done a amazing job. He can is welcome to comment if he wants.