What to do?

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What to do?

Postby thdrystonewalling » Wed Apr 15, 2009 8:08 am

Hi all I have just been building a new Dry Stone wall with new stone. At first the builder where not happy that i wanted to build the wall on a soil foundation then they did there research and where happy for me to carry on then an acritect came in and said it had to be on a concrete foundation so i had to go along with it. The builder then requested me to mortor the first course of stone onto the concrete so i went along with this. So after a couple of weeks on the wall the acitect started putting his foot in and didnt like the work and the speed i was going at which i have worked out has been at around 1 sq m a day which i thought was pretty good being fairly new to this and only being my first Brand new wall with stone out of a quarry since my course and exam at the begining of last year. And now i have been taken off the job for this reason and they have broken a written contract which they had given me to with final price of completeing the job.

Im just looking for some suggestions on what i should do now. Should i fight my case or should i take a deep breath and walk away and call it a lurning curve?

Thanks Tom
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Re: What to do?

Postby Andyman » Wed Apr 15, 2009 10:04 am

Personally what id do, is send them a bill for the length that you did and should they not pay you start a small claims action, most of this can be done online these days although their are fee's its mostly done without solicitors so theirs no need to employ anyone.

How much wall did you build? and have you been paid anything? are they ripping it out and starting fresh? got any pictures? ^_^
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Re: What to do?

Postby thdrystonewalling » Wed Apr 15, 2009 8:49 pm

I have sorted out a bill but not sent it yet as was not sure how how much i should claim for should i claim for the full amount as they broke the contract or just what i have done? According to the builder (who didnt hire me) they are taking it all down. But i have been trying to contact the building mangement person who did hire me but he seems to be avoiding me. i have pics just have to work out how to put them on here lol.

tom
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Re: What to do?

Postby Steaming North » Wed Apr 15, 2009 9:31 pm

Set yourself up an account on Photobucket. Upload the photos you want from your computer to your account. When the photos have been uploaded, hover your mouse cursor over each photo in turn and a menu will drop down with four "codes". Double click (I think. It turns blue when you've done it right) the one that says IMG code and copy (using your right mouse button) the highlighted address. Then simply paste that into your reply to this thread and it will appear as a photo.

Good luck to you mate. Never been in a situation like this myself but my thoughts are with you. Seems very strange that they want to take the whole thing down again.

Sorry I can't give any advice.

Joe
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Re: What to do?

Postby thdrystonewalling » Fri Apr 17, 2009 3:53 pm

ok i think i have finally sorted out some pics of the wall in question just hope you can see them ok.
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Re: What to do?

Postby stonewaller » Fri Apr 17, 2009 6:50 pm

Difficult to say much without specific contract details. You might well have been taking too long... However from what I can see in the photos there is little to suggest it really needs taking down (being a curve its difficult to say definitively), for an early effort it in fact looks d*@# good im(not so)ho. On the face of it you ought to have a casefor at least being paid for what you've done possibly more, but it would be an uphill struggle. Ideally you could do with/have done with some recognised expert opinion from someone who had actually seen the wall. Your profile doesn't locate you so can't help in that direction. judging from the stone its along way from me anyway, nothing flat around here.

Good luck

Sean
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Re: What to do?

Postby jim scott » Fri Apr 17, 2009 7:24 pm

Hi, I agree with Sean,the work looks fine for an early effort,the only fault that I can see is the lack of batter on the wall,but if the copes could cover at the final height,I don't see a problem with the wall.

Are you a member of the DSWA? If so,why not ask your local Master Craftsman, to look at the wall and give his opinion,before they dismantle the wall,If he is unwilling to do so and you are a member,ask the DSWA,if they can help,
Best of luck,
Jim
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Re: What to do?

Postby thdrystonewalling » Fri Apr 17, 2009 7:39 pm

hi thanks for the advice. I am a member of dswa and have also sent them an email of what is going on a few pics of the wall and they said they are going to help as much as they can. With the fact of the batter they say its going in too much which just makes me laugh really as its the same as the first part of the wall. I have now spoken to the project manager of the site and he is saying the standard is not up to what they expected. And on the location im based in oxfordshire.

Tom
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Re: What to do?

Postby Andyman » Fri Apr 17, 2009 10:06 pm

If you hire a gardener and dont like the way he cuts your grass, You still need to pay the man for what he has done or he just might dump a great big pile of dung on your drive. Im of the ilk what goes around comes around, If they want to take it down perhaps You should do it for them with the tow bar on your 4x4.

Contracts arent worth the paper they are written on, yours no doubt has a get out of jail free cluse for the employer, send a bill for the length you did theirs nothing wrong with it, If they dont like it tough luck, If you had an agreement for the price of the length i dont see why your speed would worry them unless it slowed the entire build down?
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Re: What to do?

Postby johnthedyker » Sat Apr 18, 2009 11:15 am

I think they are trying to bully you because they have had a change of heart or budget more like, and if they are trying to recut their cloth after having made their contract with you then they should be liable for the whole value of the contract. I also think they see you as a rollover who wont protest too much. A quick visit to Citizens advice should give you the confidence you need to go to the small claims court. I think also that they then might want to settle out of court.
I liked your work.

Good luck John.

P.S. Dont forget to charge for the extras like you mentioned. ie the change in founds and mortarring the base course.
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Re: What to do?

Postby david perry » Sat Apr 18, 2009 6:36 pm

There is nothing to worry about your standard of walling. And certainly nothing I can see that any builder would notice.
It looks fine.
I'd go along with John the Dyker on this.

I'd certainly be keeping an eye on to see if they really do knock it down and start again.#

I'd certainly be investigating the Small Claims Court too. It is easy for you to pursue and cheap.

Keep us posted

Dave P
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Re: What to do?

Postby Andyman » Sat Apr 18, 2009 6:38 pm

I bet the builders been watching u work. and thought " i can do that!!!" watch your wall turn into a complete shambles over the next few days as he tries his luck ;)
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Re: What to do?

Postby GilbertSL » Thu Apr 23, 2009 5:37 pm

Tom,
I know you've probably got on with this by now, but ...
Your walling looks strong, and nice to look at. I cannot see that there is a fault there that requires it to be pulled down. Of course, I can only see the pictures rather than the real thing, but it looks fine.
Personally, I would only bill for what you have completed. You have an absolute right to that money. If you claim for what you hoped to build, you might win the case, but ask yourself if you think its right to demand money for what you have not built? My feeling is that the wall is more important than the contract. Put it down to experience, and look to the future.
You may well still feel differently, but thats my best advice.
yours,
Gilbert
(self employed for more years than I care to remember)
Gilbert Stirling Lee. Professional Waller / Walling Contractor. North Cotswolds. http://www.cotswoldwalls.co.uk for more info (or click the globe under my picture)
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Re: What to do?

Postby thdrystonewalling » Fri Apr 24, 2009 4:10 pm

I would just like to thank everyone for all their advice and knowledge on what i should do its been a great help. I have sent them my bill for the work i have done and still waiting for the DSWA to get back to me on what they are going to do. I have also taken in all the advice and just taking it as experiance.

thanks again Tom
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Re: What to do?

Postby BACKFILL-ME » Sat Apr 25, 2009 12:01 pm

To be honnest, it's a difficult call without actually being there and seeing the wall.

It looks to me to be a rushed effort and if the wall is anything like your grammer it's in poor shape. :|
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