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I think technically I am. But just looking for confirmation, clarification, advice and/or opinion.
I asked a local plumber/electrician firm for a quote for some work. They emailed through a quote (in my head this is the "offer" in legalese). I replied to the email saying I accept the price and want them to do the work (i.e. "accepted the offer").
Since then they've ignored me. I phoned a week or so after the email exchange, they apologised and said they'd call back, but now a fortnight has passed and they haven't. So it has been about a month since the original email exchange.
As much as my sensible head says I should call them again, the wee devil on my shoulder is saying sod 'em, find someone else who will (hopefully) not ignore me. But from a legal standpoint, could they would they then be able to sue ME for breach of contract?
Oh, and if not, any plumbers/sparkies around Glasgow fancy some work?
sod 'em,
This.
In consumer law, the asking price for goods is an "invitation to treat" and you agreeing to the price is the "offer." The shopkeeper then accepts your offer by implication when taking your money.
I know nothing about contract law, but applying the same logic I'd have thought the "offer" was your email offering to pay them for the work, which they've as yet not accepted. I [i]think [/i]you've got it backwards, but I could be way off the mark.
Cougar is right in what he says regarding consumer law but your situation is slightly different.
Your request to the contractor to provide a quotation was the "invitation to treat", their quote was the offer and your email was the acceptance, assuming that you never proposed altering any of the details of the quote.
Did they provide any terms and conditions with the quote? if so, then you may be bound by these. If not, then whatever you do could ultimately be judged using a test of "reasonableness". Did you specify a timescale for the works to take place?
Technically, you [b]are[/b] in Contract and I would argue that the contractor is now in repudiatory breach of that contract by refusing to carry out the works within what you would deem to be a reasonable timescale.
What you need to do next is dependent on whether you want them to carry out the works or, if you want get someone else.
I'd write them a letter telling them that, due to their failure to communicate, you're cancelling the order.
List your attempts at communication and note their failure to respond. Request acknowledgement of your letter within a firm time-scale.
Get someone else - but be clear up front with them, when you accept their quote, what your timescale expectations are and agree this with them.
IANAL ( but I am a QS)
As much as my sensible head says I should call them again...
Don't call them again.
I hope you're having a laugh here. Someone gives you a quote then messes you about afterwards. You then want to chase them up yet again. "Sod em" is the definitely the right correct answer. If you nagged them to come no doubt you'd get a crap job done with extra work required not in the quote. Find someone more reliable.
Email them today. Thank you for your quote at date xx. As you have been unable to fix a date to complete the work in a reasonable time frame I am using another contractor.
Thank you and goodbye - etc.
They clearly can't do the work just now but don't want to turn it down in case they free up. Sod that.
I find myself constantly appalled by how small building trade contractors treat private customers.
Generally, your average homeowner only wants someone to show up when they say they're going to , do a half decent job and leave with a bundle of cash / cheque as soon as the job is done.
I wish I could find commercial customers with such low expectations, such favourable payment terms and with poor quality inspection skills.
It truly boils my my piss when I see this sort of poor customer service given to what, by my reckoning, are the best type of customers to have. Rant over.
Thank you all! Excellent advice as always. I shall email them today to let them know I'm flicking them the vickie's.
These threads buckle me 🙂
Have a read at McBryde.
As someone who is currently wasting time at home waiting for some roofers to turn up - they already postponed from yesterday, it's nearly midday and no sign, and they aren't answering the phone - I find this thread particularly useful...
SingleLawyerWorld
So not a dating thread then....
I find myself constantly appalled by how small building trade contractors treat private customers.
Generally, your average homeowner only wants someone to show up when they say they're going to , do a half decent job and leave with a bundle of cash / cheque as soon as the job is done.
This.
As someone in the trade and employing contractors all the time (not domestic though), I'm amazed there isn't a standard form of contract for domestic construction / repairs. It could be such a simple form, really to record the details of timescales, scope, specification and cost, and append the contractors own terms so its all there in writing for anyone to see. Would end all these issues, and may even get contractors to stick to their end of the deal and plan their work more efficiently. Grrrr.
These threads buckle me
Hold on sunshine - do you have jurisdiction here? 😉
Despite being a lawyer, scottish, with a scots law LLB and practising in scotland, I'm not actually qualified in this jurisdiction!
I do have a copy of McBryde to hand though 🙂