Aesop's lesser-known, rejected and rubbish fables #1

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Aesop\'s lesser-known, rejected and rubbish fables #1

There was once a boat owner who decided to hire someone to mend some dodgy fibreglassing on his boat. From a few quotes, one was selected, a price agreed and the craftsman started work. Halfway through the job, the fibreglassing man had an minor accident at home, and so left the job half done. A fortnight later the job was still half done and no sign of returning workman. So, the boatowner found another fibreglassing person. But now, since the job was half done it was a bit cheaper, although not a whole load cheaper.

A week after it had been finished, the first guy called the boat owner to say that he is now back at work and asks if he can come round in a the next week or so to finish the job - but it's already done. The fibreglasser is upset, and remonstrates that he should be paid for the work he did. But the boat owner said that the price agreed was for *finshing* the job- not for attempting to finish it. Well, actually the boatowner didn't say that but sort of mumbled something along those lines and somewhat less convincingly.

Later the same day, the original fibreglassing guy's wife (who does his books) rang up the boat owner to say that although she doesn't plan to take it any further, the boatowner has profited from her husband's bad fortune. Furthermore, altho there was break in the work, there was no time limit set in completing the work and it wd be fair to pay something. In reply, the boat owner says erm er well um but on the other hand, erm. And the boatowner feels a bit bad about it, but doesn't sendem any money cos it was only £100 quid difference and so yeknow i mean, well anyway.

Moral: not quite sure
 
Re: Aesop\'s lesser-known, rejected and rubbish fables #1

Erm... yes...erm...

Bit difficult isn't it? Spose the boat owner could have called the unfortunate artisan to enquire as to his whereabouts and likelihood of a return to the job. However, the nobbled tradesman could have called the distressed boat owner and informed him of the ongoing situation. So, err....um... 1-1 at half time.

Maybe the boatowner could offer to let the tradesman have the difference between the cost of the two jobs, or would this sum be so small as to be insulting? If the boat owner needs a definitive answer I hope someone else can provide one. I tend to start out all hard headed in these matters and then cave in, unless the other party is playing hard ball, which tends to stiffen my resolve.
 
Re: Aesop\'s lesser-known, rejected and rubbish fables #1

[ QUOTE ]
Moral: not quite sure

[/ QUOTE ]

Definitely not. The legal doctrine "quantum meruit" - literally "the amount it deserves" - requires that you pay the value of the work done, but you are entitled to deduct from that any additional cost of having the job finished (in excess of original price) and any other additional costs actually incurred.
 
Re: Aesop\'s lesser-known, rejected and rubbish fables #1

Morals not sure
Legallity even less sure

But for what its worth I think
If the guy had a genuine problem then I think you should give him the price agreed on less whatever you paid the second tradesman to finish it off. I would explain to him how you arrived at the amount you pay.

PS having read the thread again this is what Observer is saying also.
 
Re: Aesop\'s lesser-known, rejected and rubbish fables #1

The boatowner could always profit more from the fibreglassers bad fortune by inviting his wife - the one who does the books out for a glass of wine to discuss the matter - get her the worse for drink then slip her a crippler
Or is that just taking things too far?
 
Re: Aesop\'s lesser-known, rejected and rubbish fables #1

[ QUOTE ]

Or is that just taking things too far?

[/ QUOTE ]

I think it depends on what she is like!
 
Re: Aesop\'s lesser-known, rejected and rubbish fables #1

Those of us who have actually been sailing with you are shocked and horrified at this reply.
Not surprised in the least, but shocked and horrified nontheless.
You should be ashamed of yourself.
 
Re: Aesop\'s lesser-known, rejected and rubbish fables #1

What did I say? - I was just trying to get the fable going a bit - I didn't mention the sheep, the portugese pony or that goat you got friendly with which I thought was just shoving it a bit
How are things in Glockamora?
 
Re: Aesop\'s lesser-known, rejected and rubbish fables #1

Fabulous.
Spent last weekend in Fanny's Hole dragging the anchor in a Force 8. Not a flat bit of water between Malin and Bloody Foreland all week.
And no I didn't see a blue ensign at all.
 
Re: Aesop\'s lesser-known, rejected and rubbish fables #1

Unbelievable
you come on here giving me stick about some innocent line I slipped in and then let rip with all that...Malin and Foreland would have been sufficient - no need for the expletive and as for poor Fanny.....
Words fail me.
 
Re: Aesop\'s lesser-known, rejected and rubbish fables #1

Look I've seen your posts about East and West Loch Tarbert and I can only suggest that sailing a real boat - where you actually get wet - may be necessary to rediscover your hazy navigational skills.
Actually I have one for sale...
 
Re: The moral is simple

Never enter an agreement with out a completion date.

On the one hand, the boat owner is a complete bounder. Taking advantage of a hard working family. Shame!

On the other hand, our horney handed working class hero could have attempted to find someone else to cover for him. Thus saving " is worship" the indignity of being boatless for longer than necessary.

That's the problem with the working classes, no real grasp of service delivery and customer relations.
 
Re: Aesop\'s lesser-known, rejected and rubbish fables #1

Anybody who can afford to own a boat, especially one with big engines, should pay both parties in full, with additional compensation to the first guy just out of sympathy and loss of earnings.
 
Discussion and compromise ...

You never know - you may need him again later ...

Trouble is I was going to say - invite both worker and his books wife to pub for chat - prices in pubs nowadays means near more than job price !!

A decent non-combatant cfonversation will likely arrive at compromise and YOUR empty pocket !!

Question is ... did you call him and ascertain real situation of his likely return and also advise him you would call in another to complete HIS work ... if not - then I think you are on soft and woolly ground ... but of course I would have expected him or his wife to at least call you as the client ...
 
Re: Aesop\'s lesser-known, rejected and rubbish fables #1

Are you looking for a legal answer, a moral answer, or support?

Legally there might have been an implied term to complete within a certain time period, and the agreement was lump sum for entire performance, in which case you are in the right.

Or there might have been an implied term that you would give notice before terminating the contract, with an opportunity to finish, in which case you would have been wrong to terminate without telling him.

It really depends on what was said and written at the time (e.g. if you said you needed the boat in time to do a certain race, there was probably an implied deadline).

Morally, why didn't you give the guy a call first to let him know what you were going to do, or find out how long he was going to be out? Then at least he would have known in advance what was going to happen, and maybe he could have had a mate go along and finsih the job.

As for support ... hmmm ... how much was your original contract price with him? How much do you think he spent (time and materials) doing the work he did?

Not an easy one, but shows that it is probably a good idea to deal with problems head on rather than after the fact.
 
Re: Discussion and compromise ...

every time i reply to a post, after typing, reading it through twice, correcting, checking for grammar and apostrophe usage, i find that someone else has made the same points as me, and better. it pisses me off.
 
Sorry ..... will try to do better next time !!

/forums/images/graemlins/cool.gif
 
Re: Aesop\'s lesser-known, rejected and rubbish fables #1

Now look here - it rained a couple of days this summer and I did get wet as Dear Heart's fingers could not be unlocked from the wheel - I therefore think that we have a real boat...and another thing - was it not yourself who was heard to mutter one very wet Sunday morning on the Gentleman's cruise - 'pity poor old MacHurley out in all this rain - he's only just got dried out from Friday night'
and "Fer Jayz sake - wid ye look at all that bloody rain - glad we came with you Claysie my old intellectual armpit" ?
 
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