Disappearing workman

That will teach me to read things when I am falling half asleep. I missed the point it was signed in the post. So, sorry Ben and Tracy, quite right. It is the main reason we never sign the damned things and actually I think apart from one guy who contacted us to say he could not do the job because he had taken a number of jobs that would take him nearly eight months, so could he pull out, the work has been done without, more or less on time and well on all but one thing. Then my wife asked her bank to not honour the payment until the work was completed to satisfaction. That, apparently, is a tricky one because then there is no non-payment but simply suspension of the payment until work is completed to satisfaction and then the bank can immediately release it. The person supplying the work cannot take legal measures because with a clear explanation of the issue the bank is considered a serious 'witness' and to be defending their client's interests.

Ben is absolutely correct and gives the correct procedure to follow, this has been covered several times on here.

The sending of a devis to a client is the artisans side of the contract, that he is legally bound to once the client has signed, there is no need for the artisan to sign as he has written the devis. It is absolutely not an estimate, as an artisan, my husband sends hours collecting the prices and ensuring the devis is as accurate as possible as by law he is not allowed to change the price once the client has signed it. You are at liberty to collect as many devis' as you wish but you should ensure they are as comprehensive and inclusive of as much as possible. Once you have signed the devis (usually including the phrase 'lu et approuve' ) then both parties are bound by it. There are certain limited circumstances provided by law where a devis may be increased but not many, any additional work incurred due top unforeseen circumstances must be the subject of a new devis.

The 'promis de vente' is a phrase from selling houses not on works to be done on your house.

Here is the French law for info and here is the last discussion we had on devis' with some more references.

A 'vente de promis' is a contract but a 'devis' just gives estimated price, which is why anybody with any sense goes out to get several 'devis' before accepting a price.

Sorry Brian; a devis signed by both parties is legally binding and has the same status as a contract; you can't just say that you get out of it.

@ Nigel: I suppose the devis doesn't mention any date concerning the beginning of the installation work and the end-date? In that case you need to send him a letter "recommandée, accuse de reception" stating that you are have been waiting for an x-period of time for the work to commence despite his indications of 2-3 weeks. He has by large exceeded the statutory limit of 7 days after which you have the right to get out of the contract. Give him the choice to either finish the work within a reasonable time (1-2 weeks) if he isn't capable of providing the services within that time you consider the devis annulled due to him not living up to his engagements....

If you do have a commencement - or finished before date mentioned in your devis than you can end the contract, based on that 7 day rule by letter "recommandée et avis de reception". But be careful, if your man is waiting for installation materials etc. than the 7 days rule cannot be applied.

Either wait or find somebody else, show them the devis you have and see if they undercut, turn up, do the work and when the invisible man shows up say 'get lost'. Legal legs, do you have a contract with exact dates? If not, forget it. A devis is not a contract, it is a quote and may not even represent the final bill so he has no legal legs either.