General Contractor Guide for Legal Guide
Do it Yourself Tips for Legal Guide
This information is an essential guide designed to help you understand your rights when a dispute arises between you and your tradesman.
When you accept your tradespersons quote (see our section on quotations) and work commences you have a legally binding contract between the two of you.
This is the case even if there is nothing in writing. A contract does not have to be in writing for it to be binding. The problem obviously with a verbal contract is proving what has been agreed.
With this in mind it is always wise to insist on everything being in writing just in case a dispute should arise. This should include all work to be carried out. Cost, payment schemes and even the amount of time that the works should take and when works are to start.
However, should you be reading this after a problem has arisen and you have nothing in writing to fall back onto - do not despair!
You should first of all attempt to come to an amicable agreement with your tradesperson.
If the dispute involves works that have not been done and your tradesperson insists that he / she did not include for them in the original price ask yourself - is it reasonably obvious that this particular thing should be done? i.e. if you have said "Paint all the lounge" and he says "That will be $300" it would be reasonable to expect that he would include the ceiling, walls, window frames and radiators, along with any other previously painted surfaces. If he refuses to paint, for instance, the ceiling, common sense should prevail. This is the approach that the small claims court would take if this case were presented to them - What would the reasonable man think here? Most of us would expect the ceiling to be included as it should be. You would be within your rights to deduct an amount for the work not done or to insist on the work being done before full payment is made even though you have nothing in writing. See our section on completion checks for further advice about the final payment.
However, should the problem involve something not 'obvious to the reasonable man' you may have more of a problem proving that it was included in the original price.