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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I ordered a conservatory with 45cm dwarf walls, signed contract

Customer Question

I ordered a conservatory with 45cm dwarf walls, signed contract with 45cm dwarf walls. Had surveyor from the window company around to measure up April 2013, after planning permission went through June 2013, signed contract. Surveyor phoned saying spilt coffee on drawing July 2013 wanted to come back, came back said all measurements wrong, got me to sign amendments (no reason why I couldn't have 45cm dwarf walls and I didn't want to change them) turns out surveyor put down 55cm dwarf walls. Builder built base, error came to light, now further work suspended. Window company made rest of conservatory to 55cm height. Contract says 45cm, but surveyor drawing says 55cm, company say 55cm is the contracted height. Where do I stand as I want 45cm?
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

AlexWatts2013 :

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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

AlexWatts2013 :

If 45cm was agreed and it appears that it was because the contract states it is such then that is an express term of the contract. This means it is part of the contract and can not be changed. If you were asked to sign new plans then unless it was pointed out that the new design was 55cm and not 45cm then you are still ok to have 45cm walls.

AlexWatts2013 :

Therefore it is a term of the contract and you can insist on 45cm walls.

AlexWatts2013 :

Can I clarify anything for you about this today please?

JACUSTOMER-5qqx3r6e- :

Thanks, it was not pointed out that I would have greater than 45cm walls.

JACUSTOMER-5qqx3r6e- :

thanks for help

JACUSTOMER-5qqx3r6e- :

You are now not there

AlexWatts2013 :

Yes I was just away from my desk.

AlexWatts2013 :

If it was a condition of the original contract that you would have 45cm walls and you always thought that would be the case then you can demand it. If they changed the specification then this should have been pointed out to you.

AlexWatts2013 :

If not then you can insist on 45cm walls.

AlexWatts2013 :

They can not refuse because this is a term of the contract and has been written down and agreed by all parties.

AlexWatts2013 :

Can I clarify anything for you about this?