Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return. For now please let me know did the contract state the delivery date or what happens if that date is missed?
hello alex, the conract date for boat was jan 2013, and no there was no what happends if date was missed, michelle
Does the contract say time is of the essence or do they exclude late delivery in their terms?
nothing of essence of time, or late delivery, in the contract, which was due to lack of staff due to fall outs within the firm, which led us to agree to more time for them to finish boat to our contract paper work, but now it seems thay are unwilling to finish to the contract drawn up oct 2012, michelle
Does the contract allow for extras?
we had two lots of paper work, 1st the contract for new boat build in our name dated oct 2012, and 2nd the argeed boat spec and internal fittings which was stated at the time we orderd and paid for the build slot oct 2012 with a member of the firm, who also had the same copys of this paper work, this also covers the look of the shell which is personal to our spec. michelle
And was a price agreed for everything all in? Do you accept you have had extras at all?
the boat contract is for a part build boat, which we agreed the price of £39,800.00 which is still not fished to our paper work. we have agreed for extras which are not listed on our paper work and are quite willing to pay for that, but as all work has come to a stop these extras have not be done michelle
Yes I understand. You need to write and demand that the boat be finished within the next 28 days or you can say that you will consider issuing proceedings for breach of contract. This means that the date has been agreed and they can not change this without your consent. They are in breach because they have failed to deliver the product that you have ordered and paid for. This means that in law they would be liable for all losses and costs resulting from their breach but when you write you need to document and set out all your losses. Make sure you send this letter recorded delivery and keep a copy.
If they do not respond or comply then you can issue proceedings for breach of contract of both the written term delivery date and that they have failed to act with all reasonable skill and care. You have 2 choices either to do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf ans submit it to your local county court.
The Court will then issue a claim and then they will have a limited time to defend the claim. If they do not then you can enter Judgment and enforce it. If they do defend it then the matter will proceed to trial and a Judge will decide who is right and wrong.
alex thankyou so much for your help and advice i will act on it right away michelle
If this fully answers your question, please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex