Advise plaese

[cajar]

TBH I would call him and give him reasonable opportunity to finish the rest of the job in one go, to your satisfaction.

Otherwise I wouldn't pay him anything. Half a job is no good to you because as you say, other painters will be reluctant to take it on. You agreed a price for the whole job, not a day rate so you would be within your rights to pay nothing.

He is taking the P billing you for £500

 

[madder]

The bill is almost £500.00, he is billing me for paint and 1 1/2 days labour.
But his original price was £700.00 for all the paint and labour. but today i had to buy a further 25 litres of masonry paint, black under coat & gloss, white gloss and wood stain. that cost me £145.00. now i have to pay the new painter for four days labour to finish the job.
Madder the paint he got is way off the mark, it is far too orange.

Ok, it's time to offer him an ultimatum. Either he finishes the job, within a close timeframe that you're happy with, for the original price agreed, with the original paint colours agreed, or pay him nothing for basically leaving you up Sh1t creek in the middle of the job.
Be nice, be reasonable, and if he doesn't co-operate, tell him that you don't think he can lawfully charge you that price for the way he has treated the job in general.

 

[bikeit]

I did give him the opportunity to finish the job but he could not guarantee me that whenever he returns that he would stay here till the job was completed.
I told him i felt that this was totally unacceptable his answer was "that's your opinion" i told him as i was paying his wages while he was working at my house its my opinion that mattered.
After reading all your posts i will pay him for the paint but not the wrong coloured one and refuse to pay for his time as i have to employ another painter to finish the job he started.
Not sure how i stand legally but i doubt it if he will go down that road for 1 1/2 day work.
I will ring him later and let you all know what happened.

 

[cajar]

Well legally there was a contract - he was to paint the outside of your house and you were to pay him £700.

He has failed to fulfil his side of the contract so you are not required to fulfil yours - you owe him nothing at all. Paying him for the paint is a goodwill gesture on your part if you choose to do it. Some would say, why shouldn't he be out pocket, it was 100% his fault that the contract was voided. He would need a brass neck to take it to small claims court after the way he has treated the job.

 

[TheDec]

I agree if he was foolish enough to engage in any form of legal challenge he would be laughed out of court, it is he that defaulted on the contract not yourself.

Dec

 

[bikeit]

further update.
The painter just called and i explained to him that as i had to buy more paint to finish the job i was not giving him all the money he was entitled to for the paint he used and his time he said that was fine and he even took the wrong paint away and never questioned that i also deducted the value of the paint from his money, he was very regretful for all the hassle he caused and for having to wait so long on him.
As he was leaving he said to me we can all live and learn.

 

[TheDec]

Well I suppose the most important thing is the matter seems to have been resolved. yet judging from what you have said I think you are well rid of him.

Dec

 

[bikeit]

Im just relieved he is now gone,
Thanks for all who offered advise and an ear on this post it was much appreciated.

 

[blueagle78]

Glad its all sorted for you. I hope now you find someone who'll be fully committed to finishing off one job before taking on another one!