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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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my mother is claiming breach of contract with a company that

Customer Question

my mother is claiming breach of contract with a company that failed to carry out work on the stated day.

The contractors said the bathroom had not been sufficiently stripped of its content for the book to go ahead. However, the initial letter stated we would "appreciate" it if the room was cleared' ..now they are saying "should have". (That was in December).
Contradictory Bathe Safely say that they would have hoped the contractors would have moved the last few items - and failure to do so has lead to bath safely dropping that contractor

the company is willing to come back in with another contractor but my mother has lost faith in the company. Plus she feels she has been so inconvenienced - she had to put everything back into the room and live from Dec till now - and doesn t want to go through the pain of the whole cycle of clearing again. She is 79 and in poor health.

I feel she was rather pressured at the point of sale - the salesperson one third of £4800 on the spot - and the surveyer took another third one week later (August 2012).

is failure to fit on time a breach of contract...even though a second date has been offered?
JO SCOTT
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome to Just Answer.

DO you have a copy of their terms and conditions to hand? If so do they say "time is off the essence" in relation to starting the work?

Kind regards

AJ
Customer: replied 3 years ago.

the section i think you need is:


<< the company will do all it reasonably can to meet dates given for delivery/installation. In the case of unforeseen circumstances, beyond the reasonable control of the Company, such as delays in receipt of stock or the availability of the designated installer, the Company will contact the customer and agree an alternative date. If the customer cancels the fitting date within 24 hours of the agreed start or makes it impossible for the installation to go ahead (eg because of incomplete building works) then the company reserves the right to charge reasonable costs. >>


 


 


but we also have:


<< It is a condition of this Contract that the customer will allow the Compnay's tradesmen and supervisors free and unrestricted access at mutually agreed times to carry out all works and services relating to the installation. If such access is not granted the Company may treat the contract as ended.>>


:


(How does one define 'free and unrestrcted access'?


 


Extra info .. Mother now states there were two zippered laundry bags in the room, a tumble drier in the airing cupboard and a bathroom cabinet.


The cabinet was on a wall not affected by the work. Plus two laundry baskets ..again lightweight wicker that could easily be moved.


Mum is of a generation that expects workmen to do more than the precise fitting and she felt what was left in the room was not an issue.


 


Mum said she's move the bags but the younger lad so she shouldnt .. and that they could do that. But then - the older man overruled him and they left.

Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Is the same company that was meant to carry out all the work?
Customer: replied 3 years ago.

Laughing


The contract is with Bathe Safely but they contract the work out to plumbers/fitters.


see attached correspondence

Attachment: 2013-02-22_155201_12-02-13_js_to_bathe_safely.doc

Customer: replied 3 years ago.

Bathe Safely drew the contract but they use sub contracted fitters

Expert:  UK-Justice replied 3 years ago.
Thanks.

But your mum pays one company?
Customer: replied 3 years ago.

yes .. just one company.


£1450 at the time of signing.. 30.08.12


a further £1450 via Bathe Safely surveyor one week later


the fitters asked a further £1450 when they arrived but mum refused to pay


 


between you and me... mum works in a way known only to her - and I fear that she is sure that this is not going ahead i fear she has spent most of the allocated equty release so even if she cant get out of the contract...she probably still cant honour the agreement unless we get the company to renegotiate the spec of the job

Expert:  UK-Justice replied 3 years ago.
It is breach of contract,

However you need to to give them a reasonable opportunity to fix it.

If you do not and it goes to court while you may win any award may be recused by not allowing them to try and resolve.

So you should write and ask them to remedy the situation within 28 days or day you will go to court.

They are in breach as the contractor, even if sub contracts out, is liable for any breaches and losses of their sub contractor.

I hope this helps.





http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n225-eng.pdf
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

ok ...' remedy the situation'...does that mean she is obliged to have them fit? what if she has foolishly spent the money that would have been the 3rd instalment?


 


can she pull out rather have them back?


 


or settle for a re-spec'd job that doesnt incur more money?

Expert:  UK-Justice replied 3 years ago.
Yes she needs to allow them to fit.

If she has spent the money she needs to star saving.

She can not just cancel.

She can't pull out no, without them having an opprunity unless they agree that they buy her out of the contract.



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Customer: replied 3 years ago.

can you explain 'buy her out of the contract' ?

Expert:  UK-Justice replied 3 years ago.
Reach a settlement - that is what I meant.............





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Customer: replied 3 years ago.

presumbly they'll want to charge for the surveyors visit ..is there a rule of thumb on this as to what is reasonable for the company to keep back

Expert:  UK-Justice replied 3 years ago.
Yes I think so.

I am a lawyer so can not say what is reasonable, but I would think £250 or so.




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