Advice on dealing with a tradesman

**FROSTY:Me** · 7th February 2009, 10:34

OK you have a job that needs a tradesman to do. Its a fairly unique job requiring a specialist. You find someone whose workmanship you have seen and it's good quality.
On an appointed day half the job is done in a very professional manner.
You pay in full for the completed job.
Time goes by and you contact the tradesman asking when the job will be completed. A reasonable explaination is given -Totally unrelated to the job itself.
This senario is repeated ove a period of almost 5 months. Contact is made. Reason for non completion is given --always reasonable but again unrelated to the job they were paid for by you to do.
The nature of the job means that it is impossible to pass on to another tradesman.
How would you procede from here??

**jrandom** · 7th February 2009, 10:37

Tell the dude that if he can't finish the job within a particular time period, you're going to look to recover what you've paid him, plus the cost of scrapping and restarting the job.

If he still doesn't come to the party after receiving a reasonable demand like that, take it to the Disputes Tribunal. Should be straightforward to get a ruling against him.

**yungatart** · 7th February 2009, 10:37

Did you sign a contract? Is there room there for a penalty clause?
If not, maybe threaten small claims court...

**Robbo** · 7th February 2009, 10:41

Without knowing the nature of this work it is a little hard to say but i am assuming that it may be a registered trade such as electrical or plumbing etc. however these can be passed over to another tradesperson. For future reference i would suggest that you only pay a progress payment part way through the job with the balance on completion.
Also you may need to consider taking this matter to the small claims tribunal.
Cheers

**FROSTY:Me** · 7th February 2009, 11:03

Sorry to be really clear here The nature of the job means under NO circumstances can the job be replaced or taken over by another tradesperson. Its a unique one off.
To replace/repeat the job would be 100% impossible.
No contract was drawn up but e mail communication outlining what would be done has been retained.

**Reido** · 7th February 2009, 11:09

Originally Posted by FROSTY

Sorry to be really clear here The nature of the job means under NO circumstances can the job be replaced or taken over by another tradesperson. Its a unique one off.
To replace/repeat the job would be 100% impossible.
No contract was drawn up but e mail communication outlining what would be done has been retained.

oh now you have to tell us about it!

**Max Preload** · 7th February 2009, 11:11

Originally Posted by FROSTY

On an appointed day half the job is done in a very professional manner.
You pay in full for the completed job.
Time goes by and you contact the tradesman asking when the job will be completed. A reasonable explaination is given - totally unrelated to the job itself.

First mistake right there. Never pay in full up front. Always make sure you have more of your job done than they have of your money.

However, since we're past that, send him a letter stating your expectation of the job being completed by whatever date or you will be forced to have the job completed by someone else and that cost sought as a partial refund from the first contractor. If you get no action stick to your word and do just that. File at the Disputes Tribunal, win and collect your cash.

Originally Posted by FROSTY

Sorry to be really clear here The nature of the job means under NO circumstances can the job be replaced or taken over by another tradesperson. Its a unique one off.
To replace/repeat the job would be 100% impossible.

Ok - spill the beans. What is it? Underground dope growing operation excavation?

**FROSTY:Me** · 7th February 2009, 11:15

Originally Posted by Max Preload

You will be forced to have the job completed by someone else and that cost sought as a partial refund from the first contractor.

Again its is IMPOSSIBLE to give the job to another contractor. The job cannot be repeated/replaced ever

**MSTRS:Me** · 7th February 2009, 11:20

Originally Posted by Max Preload

Ok - spill the beans. What is it? Underground dope growing operation excavation?

Or special facilities for...http://www.kiwibiker.co.nz/forums/sh...48&postcount=3

**nallac** · 7th February 2009, 11:22

Originally Posted by FROSTY

Again its is IMPOSSIBLE to give the job to another contractor. The job cannot be repeated/replaced ever

Hmmmmm, High class Hooker?

**Kiwi Graham:Me** · 7th February 2009, 11:24

Are you saying this is the only person in the whole world that can do this job!!!!!!????

Give him a time period in which it should be completed or steps to recover money will be implimented. Then if he is the only person in the world that can do it pay him it back when and if he does it.

What the hell is it he does anyway???

**hospitalfood** · 7th February 2009, 11:52

get back in touch with him and talk to him about it, explain in a reasonable manner without attacking him that you are seriously fucked off and want it finished now, regardless.
give him a chance to be the good guy and see you right.

if that does not sort it within the next month then take more drastic steps.

**BigG** · 7th February 2009, 12:35

Probably a job I had done on me had me prostrate out and nothing can be done about it now and I paid me money.
If it is a trades person then he or she should be in a or belong to a Contractors association or the like and it would be good to contact them and let them deal with it. Or is it you he doesnt like Frosty.

**FROSTY:Me** · 7th February 2009, 13:21

Originally Posted by Kiwi Graham

Are you saying this is the only person in the whole world that can do this job!!!!!!????
Then if he is the only person in the world that can do it pay him it back when and if he does it.
What the hell is it he does anyway???

NO he's not the only person that COULD have done the job BUT the job was a one off. Totally time critical. Once the first half was completed then yes A)the job cannot ever be repeated and B) He is the only person who can complete the job.

**FROSTY:Me** · 7th February 2009, 13:22

Originally Posted by hospitalfood

get back in touch with him and talk to him about it, explain in a reasonable manner without attacking him that you are seriously fucked off and want it finished now, regardless.
give him a chance to be the good guy and see you right.

if that does not sort it within the next month then take more drastic steps.

Been there done that over several months