Can I fire my French builder?

[caroline]

Two years ago I was given a written quote, by a local French builder, to put a new roof on my home in the Dordogne. At the  time he penciled in his diary for a start date for the work, one year on. We thought this was normal for builders so gave him a written acceptance of his quote. The problem now is that the year came and went and we still have a leaky roof. We did write to him to say we would find someone else to do the work if he could not start in the coming months. We received a letter from him apologising for the delay and a promise to get to the roof this March or April. So far he is still a no show.

My question is, can I get out of the agreement that was signed almost two years ago now?I have been told that I might still be held responsible for part of his original quote.I am now desparate for a roof as the damage is esculating.Help!

[Tony F Dordogne]

I know of an excellent British roofer who works legit in the southern Dordogne, just done a superb job for me.

If you get stuck I can pass his details on to you.

[Just Katie]

A word of advice though agree a price on daywork or works complete beforehand and shake hands on it.

[caroline]

thanks for that, but you see I don't have a problem with the price, it's the fact that he hasn't shown up to do the work and so now I want to hire someone else who will without being legally bound to the first builder. Any ideas on that?

[Just Katie]

Hi Caroline,  If you have it in writing that he will start in March or April, I would give him until the end of the month to show and pray that he wont.  If you are not to far from Tonys' builder I would give him a ring as been as he has come on recommendation.  Of course I do not know Tony personally, but he seems like a very honourable guy who you could trust but that is purely my perception of how I see him here. 

[Viv]

I am not sure if a handshake is legally binding here. I'm not being facetious, I really don't know. We learned the hard way to get everything signed and in writing .

[Just Katie]

Yes Viva you are quite correct.  I did sound misleading but as I have written in other posts I would not enter into any works, contractor or client side until a contract had been signed which will include price, timescale and whether the builder had allowed for unforseen works (which often they do).

[caroline]

I do have everything in writing and that is what's bothering me. If he doesn't show by the end of the month can I go ahead and find  another builder without the first one wanting money for work not done but promised (despite waiting 2 yrs.)

[tj]

Hi

You said you had an agreed start date of a year ago? So he is breach of contract already,  If you wish to find someone else, I dont see a problem, if he wants to get funny about it and make any claim, tell him thats ok, and that you will also be making a claim for the cost of the further damage caused by the leaky roof he was supposed to fix a year ago.

 

 

[Just Katie]

Caroline, I think you have been more than reasonable (which is very difficult to define in english law) here. You have it in writing that he will be with you by end of April and has clearly broken his promise.  Personally (and I mean PERSONALLY), I would not worry but I must admit, I am not coherent with french contract law and hope somebody steps in who is.

 

Good luck!

[Will]

I can't say I'm legally qualified to comment, but in France a verbal agreement is looked on as just as valid as anything in writing. The problem is that it is so difficult to prove. You are in a fortunate position, having something in writing, so if you want to get the job carried out elsewhere the original builder won't have a leg to stand on as he has broken your agreement on more than one occasion.

I guess he has more than enough work to do anyway, as he hasn't bothered to start on your job, so it seems unlikely he will be bothered if you do find somebody else.