Q: I ordered a staircase to be manufactured by a local trader. The works started six months ago and were supposed to be finished within three months. To date there are still some works which have not yet been carried out.
Last week, I sent an e-mail to the trader informing him that I couldn’t wait any longer and that if the works were not finished by the end of the month, I would engage someone else to finish the job. I also told him I would not pay the outstanding balance.
I would like to know if I have the right to ask someone else to finish off the works if my deadline is not met?
A: Since you wrote to the trader, clearly informing him of your intentions to engage someone else to finish the works, then yes – if by the end of the month the works are not done you can act accordingly. Regarding payment, you can obviously deduct the payment of the unfinished works from the outstanding balance but the trader must be paid for the works carried out so far.