Hi there, I am looking for some advice. I entered into a contract with a guy who advised me he would build me a boundary fence and 2 side returns. The contractor attended on day 1 and then buggered off and has been hard to engage since. After him not showing on day 2 and only able to call him very late evening, I advised him that i wanted him to communicate with me daily and let me know what was going on. on day 3, we realised the last small payment as per the contract was overdue by one day - we paid it. This guy has breached his own contract by not providing me with receipts for my payments in full. On day 4 he did not show and then on day 5 i receive a medical certificate from him saying he is off work until 5 july! (Let me be clear he is not an employee - is a contractor). He refuses to negotiate the contract as i explained i cannot have no boundary fence for another two weeks with a "maybe" he might be back. I provided him with a solution to hand over all materials, that i would be happy to collect it and we could go our separate ways.He refused this offer (which i feel he hasnt got the materials).
He refuses to terminate the contract or tell me specifically when i will get my invoices for my payments and when he will actually return. I can't have no boundary fence. As he then stated he could possibly be back wednesday to do the work, I have given him until COB 25 June to advise if he will return. In the contract it states "in the event that this agreement is terminated by the client prior to completion of services but where the services have been partially performed (in this instance all i have is 8 metal poles) the contractor will be entitled to pro rata payment of the payment to the date of termination provided there has been no breach of contract". What would a pro rata payment look like? it doesn't say what it is or how much it is.
I should also state that he is now accusing my husband of threatening him however as I am the contract person and wasnt onsite its a he said/she said situation.
I reverted to my communication to be via text message.
Q1. I believe i have enough grounds to state he has breached the contract on the invoicing and performance (not communicating and completing the works). I'm really not sure where to from here - can anyone give me some advice?
Q2. If we made payment via bank transfer on the dates due, does it count as on time or is it from the time he receives it?
He refuses to terminate the contract or tell me specifically when i will get my invoices for my payments and when he will actually return. I can't have no boundary fence. As he then stated he could possibly be back wednesday to do the work, I have given him until COB 25 June to advise if he will return. In the contract it states "in the event that this agreement is terminated by the client prior to completion of services but where the services have been partially performed (in this instance all i have is 8 metal poles) the contractor will be entitled to pro rata payment of the payment to the date of termination provided there has been no breach of contract". What would a pro rata payment look like? it doesn't say what it is or how much it is.
I should also state that he is now accusing my husband of threatening him however as I am the contract person and wasnt onsite its a he said/she said situation.
I reverted to my communication to be via text message.
Q1. I believe i have enough grounds to state he has breached the contract on the invoicing and performance (not communicating and completing the works). I'm really not sure where to from here - can anyone give me some advice?
Q2. If we made payment via bank transfer on the dates due, does it count as on time or is it from the time he receives it?
