Contract Terms Mean I Must Continue Even With Ill Health - Is This Fair?

[Falgard]

Hi folks,

I will give a bit of a brief run down of my situation. I started a job on a site wiring 4 no houses due to health issues I have been unable to complete the works and have been forced to call in a subby. I did try to walk away at the initial point after trying to get several subbies in before the one I have know but I was told that I had a contractual obligation to complete the works even though I am unable to do so myself.

I am now trying to pin down the exact remaining budget for the job and I have been in contact with the main contractor who asked me to carry out the works. Verbal contract only nothing written. He has been supplying materials and these include extras to the original estimate.

However I have just filled him in on what the estimated outstanding works are going to total including extras which have been asked for and as I said materials supplied by him he is quibbling all the extras saying that none of them have been agreed.

Where do I stand on this? Can I just walk away and cut my loses?

I am in a position where this is my last contract as I can no longer work as an electrician.

Cheers

 

[telectrix]

has he paid you for work done to date? is there a written contract/agreement that you have signed stating that you will complete the work?

 

[tazz]

Without a written quotation and acceptance.....you have both left yourself wide open, as nothing has been agreed on paper. Now this would be one for the courts to decide, if it ever got there. And who would win is anyones guess.

 

[Falgard]

No nothing written about me completing the works. I have charged works in installments as they have reached a conclusion eg completion of 1st fix.

The original estimation given was basic and got altered quickly even on the first few days on site

 

[telectrix]

if he won't agree to pay for additional work then tell him to get someone else. as for any verbal agreement, it's your word against his. if it went further, then your stance would be that you were prepared to complete, but he wasn't prepared to pay for extra work that had not bee quoted for.

 

[Falgard]

Would there be any legal grounds for him to pursue me for completion of the works? He has already threatened legal action if I try to walk away. Any direction on where I can get some solid legal advice either free or cheap. Health problem is draining the finances. This could fold me personally as I'm self employed

 

[Richard Burns]

I would say that you may be obligated to complete the initial agreed works (though this would require legal clarification as you only have a verbal agreement (but still an agreement)).
You have verbally from the main contactor that any extras have not been agreed, therefore they are not required and may be left, unless you agree later.
If you were to walk away without completing, or arranging someone else to complete for you, the initial works then you may be liable for the cost of arranging someone else to do the work.

 

[Falgard]

I have a subby down there completing the works at present. However there are going to be further extras for problems the insulation guys have caused dislodging cables from there locations and not dropping cables for alarms and smokes as had been agreed. I am suspecting that he won't want to pay for the extra hours to sort these problems either

 

[telectrix]

Would there be any legal grounds for him to pursue me for completion of the works? He has already threatened legal action if I try to walk away. Any direction on where I can get some solid legal advice either free or cheap. Health problem is draining the finances. This could fold me personally as I'm self employed

contact CAB. free advice. or have an initial consultation with a local solicitor. that won't cost much. most sharks (oops, lawyers) would do an initial half hour for free or at an agreed cost.

 

[Falgard]

I am already planning a trip to CAB to speak to them.
Well if he did decide to charge me to finish it he would have a hard job there's nothing there to pay with. Only what's outstanding on the plots he owns but the subbys used most of it completing the extras that are being questioned

 

[Welchyboy1]

In total absence of any contractual paperwork or written agreement on pricing or scope of works, you could walk away from that job tomorrow and it would be next to impossible for him to take you to court and win, certainly not worth his time and cost

hes bluffing anyway, if he wont pay you properly, tell him hes in breach of your verbal contract , then walk off the job, builders do it all the time