Consumer Law, Warranties Tiler taking me to Small Claims Court for broken verbal contract, HELP..!

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shajar

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Originally quoted $1530 finished with aluminium edging to stop tiles from chipping.

He also advised he would also do it for $1200 cash, (not on the books) I verbally agreed at this.

Firstly he made the mistake (confirmed by the next Tiler who finished the job) of laying tiles with an unsightly expansion joint cutting 14 large '500X500' tiles in half which could have been avoided simplyby starting at the join and working outwards to the wall and to the other edge of veranda.
The only way to rectify this without pulling 'all the laid tiles up and starting again properly' was pull up the cut tiles on the expansion joint and lay full tiles down, which WILL crack down the track when the slab moves.
I had to take half a day of work to find and purchase more tiles to replace these incorrectly placed/cut tiles at a cost of $100. I then asked him when he was going to lay down the Aluminium edging to stop the tiles from being chipped as was discussed and agreed upon, and he replied a nah can't do that I quoted to cheap. (I believe this is where he broke the verbal contract would I be right in saying this?)

This is when I said stop right there; what's your hourly rate? He replied $35 and I said what equipment have you used today he replied 7 bags of glue so I said I'll pay you for this and you can leave this mess for me to clean up, I'll find someone more competent to finish the job", his reply was no you won't I'll see you in court…..!

I have since got a more professional and competent Tiler to finish the job who advised he would be happy to verify this shonky work in court if needed.

When the new tiler started I sent an email to 'MR Shonky' stating I would be happy to transfer the amount detailed if he provided me an account number.

Charging
8Hrs @ $35hr = $280
Glue 7 Bags @ $38 = $266

Total $541

Now I find a letter in my Mailbox with headed "Without Prejudice" you owe me the total sum of $1856, don't ask how he got that price but he has already said in the letter he's charging me for 58sq metres and the area is in-fact only 38.8sq meters.

I have 1 week to respond before he takes me to small claims court, do you have any advise for me. Can he use my email against me in court? Did he brake the verbal contract by not putting the Aluminium Edging in as agreed upon?
Thank you in advance
 
If he takes you to court, you will both tell you story to the judge and he will decide. Watch Judge Judy.
 
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