How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Nicola-mod Your Own Question

Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 11
Experience:  Moderator
73944119
Type Your Law Question Here...
Nicola-mod is online now

Hi We have just had granite fitted in our kitchen and chose

Customer Question

Hi

We have just had granite fitted in our kitchen and chose our slab - we weret old that we could have this without a join but when templating we weretold there would be a join which we agreed to but assumed both pieces would marrying up so that the vein ran continuously along the surface - this is not the case and we are refusing to pay the balance. The company have issued court proceedings today?
Submitted: 3 years ago.
Category: Law
Expert:  Vincent2013 replied 3 years ago.

Vincent2013 :

Hi, thanks very much for your question. My name's XXXXX XXXXX I'm going to assist you with it.

Vincent2013 :

Could you please let me know how much the worksurfaces cost in total along with the amount of the outstanding balancing.

JACUSTOMER-0x1ofr61- :

the total cost ws £2500 and there is a balance of £934 outstanding

Vincent2013 :

Is the joint in a corner or is it a straight section of counter top? Was anything stated to you regarding the pattern match (orally, prior to agreeing to the job, or as part of your written contract itself)? Finally, were you shown any pictures or examples of pattern matching as part of your pre-contractual discussions?

JACUSTOMER-0x1ofr61- :

They asked me where I would like the join and it is in the middle of a 3 metre stretch of granite. We were told originally that the whole slab could be fitted in one and I have an email to that effect. I just assumed that the pattern would match like a jigsaw - when they told me I needed a join I asked if this would be OK and was told it would look beautiful.

Vincent2013 :

If they supplied and fitted the worktop, under s.13 of the Supply of Goods and Services Act, it is an implied term of your contract that they use reasonable care and skill in performing the agreement. Whether or not they have breached this will, essentially, come down to the quality of the goods and workmanship and what was agreed regarding the finished effect. The measure of damages under English Law is the difference in value between what you contracted for and what they supplied and if they have supplied something that is of measurably less value than originally agreed, they may not be able to recover the balance.

JACUSTOMER-0x1ofr61- :

They said they were issuing court proceedings now - what do I do - just wait for these to arrive and then respond?

JACUSTOMER-0x1ofr61- :

The upstands on the granite were supposed to be 20 m but these are 30 so we can't fit any plugs int he sockets just a disaster really

Vincent2013 :

This is clearly a small claim so they are very limited in the costs that they can recover in court and I doubt that either party will be using a solicitor (solicitors are not required for small claims matters). They will have to show that you agreed to pay the full amount and prove their contractual right to recover it. Your defence will, presumably, be that they breached the contract by: (i) failing to adhere to the express terms of the contract (i.e. the size of the upstands and the fact that the seams would look beautifull and akin to one piece of granite) and (ii) breaching the implied terms under s.13 of the Supply of Goods and Services Act by not exercising care and skill in carrying out their work.

Vincent2013 :

Considering the value of the claim, I think its definitely something that you should try and settle. You should definitely respond to their claim but, if you don't think that witholding the balance (or a proporion of it) is sufficient, you could say that you are considering counterclaiming for some of the amount you have already paid due to their breaches. However, I would very much hope that you could come to some sort of arrangement.

JACUSTOMER-0x1ofr61- :

Ok thanks - will see what happens

Vincent2013 :

I should say that if plugs are rendered inoperable due to the incorrect height of the upstands (which was, presumably, agreed in writing via the template), your position is strong on that point.

Vincent2013 :

Best of luck with this and please do take a moment to rate my answer, if I've been helpful.

JACUSTOMER-0x1ofr61- :

I would be quite happy not to pay the balance and to get another company in to fit the worksurface that I wanted but thank you for your help and advise.

Vincent2013 :

Take photos of the seam, a copy of the emails that support your defence, along with the template that shows the height of the upstands and any marketing materials or website images etc. that shows what a join should look like. Compile your evidence and list it in your response, along with details of the facts. Also set out the heads of your defence (the contractual breaches set out above and any misrepresentation) and make them an offer. At this level of damages, companies are not likely to dedicate a great deal of man power to a small claims dispute.

Vincent2013 :

Can I clarify anything for you. If not, please do take a moment to rate my answer and best of luck.

Expert:  Vincent2013 replied 3 years ago.

Hello there, Diane. I just wanted to check that you have all the information you need from our conversation yesterday. Do let me know if you need anything clarified.

 

If you were satisfied, I would also be very grateful if you could let me know by taking a moment to rate my answer.

 

Best wishes with everything.

 

Vincent

Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated.

To rate your answer, you can go to your question page, and click one of the five faces below your Expert's answer. Please be sure you are logged in with your username and password or you will not be able to view or rate your answer.

If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice