Extra cost likely outcome of going legal with your contractor
Courts will always look to the efforts made by the parties to resolve the problem, writes
My silage contractor retired last year, and this year I had to find a replacement.
I am not happy with the work the new silage contractor carried out.
He and his men left the place in a mess.
One of his drivers also knocked a wall on my property, when reversing.
I advised my silage contractor I was not happy with the work, and wanted the wall replaced, and wanted a reduction in the price.
He became very angry and now he’s threatening to bring me to court if I don’t pay the full amount owed.
What are my rights?
This is unfortunate.
I take it from your letter the contractor did not return and replace the wall.
You should engage with him by phone initially, or by some other amicable means of communication, in an attempt to come to an agreement.
Reaching an agreement between the two of you will be far easier if both parties are willing to communicate effectively.
This could deter the contractor from issuing proceedings against you, as it would cost him money to do so.
It is always advisable to consider the practical approach when dealing with matters such as those outlined by you, as there is little point in everyone incurring legal costs that could outweigh the amount of money in dispute.
He should never use unlawful means, such as harassment, threats, or intimidation, to force you to discharge a debt.
If a telephone call does not resolve matters, then it is advisable to write to your contractor, whether by email or by letter.
This will place your attempt to resolve the matter, without resorting to the courts, on record.
Most importantly, it will also provide a record of the efforts made by you to resolve the matter, if he does issue court proceedings against you.
In mitigation, the courts will always look to the efforts made by the parties to resolve the problem, and to whether there was any compromise shown.
When someone is owed money by another, it is open to that person to issue debt recovery proceedings to recover that money.
The place in which the proceedings are issued is usually the court area in which the address of the debtor (the person who owes the money) is situated.
The Court level at which the proceedings are issued depends on the amount of money owed.
For example, the district court can deal with debt recovery proceedings, where the sum owed is less than €15,000.
As you have not paid the bill, it is open in this case for the silage contractor to issue debt recovery proceedings against you.
You could then submit a counterclaim against the contractor in those proceedings for the cost of replacing the wall.
You would have to get a quote for the cost of replacing the wall.
However, in my view, you would incur unnecessary legal costs in allowing this to happen.
It would be far more prudent for you to get a quote for the cost of replacing the wall, meet with the silage contractor, give him a copy of the quote, inform him you are deducting the cost of the wall from his bill, and pay him the balance.
If this does not work, you should also follow up with your offer and effort to reach an agreement in writing to him.
If this does not work, at least you will have a record of your doing your best with him to reach a compromise, which you can show to a judge.
