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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Hello,we agreed to have our windows replaced at a price of

Resolved Question:

Hello,we agreed to have our windows replaced at a price of £4750 at the end of may,i received an email stating the job would take approximately 2 days and work would commence mid june,they made a mistake with the size of 1 window so were held up waiting for replacement of that,then they got measurements wrong for a door they were fitting but we allowed them to chop out extra to allow for this, then the bill went up by £350 as a builder was required to replace a lintel,i believe this should have being picked up by the surveyor at the start but we went with it as we didn't want any more hold ups,by this time almost 2 months had passed by,i spoke with them and they agreed to fit an extra internal door for the inconvenience,but this was not the end,after many attempts to complete the job unsatisfactory finally evrything was completed last wednesday.In my opinion this job has has taken a lot longer than what is classed as reasonable,have they breached there contract as they only stated on email how long?I made out a cheque for £4500 for all the inconvenience and stress caused to me but they have sent an email to say i still have a remaining balance,do i have any right to withhold this balance? many thanks Lisa
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thank you for your question.

tdlawyer :

My name isXXXXX can help with this.

tdlawyer :

To work out what your liability is, and what theirs is, you need to follow the facts through and work out what was agreed at each stage of the process.

tdlawyer :

In your case, you need to identify whether they agreed a fixed price for the installation to start with. It would sound off if they did not, so I would have thought this was an agreed fee for the work to be done.

tdlawyer :

Then, if they try to charge above that, it's likely they were in breach of their fixed fee agreement.

tdlawyer :

That would mean you wouldn't have to pay more.

tdlawyer :

Then, they agreed to install and internal door. You have to identify what this was for - i.e. was it in full and final settlement of issues between you? If so, then you would be liable to pay the balance as you would not be able to complain about the issues that happened, as you would have agreed to have a door installed instead, in settlement of any issues between you.

tdlawyer :

If you have problems again after the door is installed, this would give you cause for a fresh complaint.

tdlawyer :

But what you agreed with them when they said "you owe another £350" is important.

Customer:

when the internal door was fitted they kept us waiting another 2 1/2 month,some of the work was shoddy even the manager agreed

tdlawyer :

they kept you waiting for 2 1/2 months for the door to be installed?

tdlawyer :

The way these things work is that you have to show a financial loss usually to recover any money (or withhold money), and a delay in the door being installed doesn't normally cause such loss. Legally, in such a case, it is not possible to get compensation or withhold money. That said, it is possible to withhold and force them to sue you - there isn't any real risk of being ordered to pay legal costs if the defence fails you see.

tdlawyer :

That's why so many people push these things to Court and take their chance. Anything can happen in a Court!

Customer:

when they came to fit the door they were supposed to be completing the whole job,this never happened,time after time they came out but i had to get them out again to correct things,surely they have have taken far too long for what is classed as reasonable time(6 months)

tdlawyer :

I agree it's way too long. But how does a Court put a figure on that, you see?

tdlawyer :

Normally, it would mean you can say "I don't want you to finish doing the job and I'm going elsewhere".

tdlawyer :

Then you would pay somebody else to finish it, and claim the costs back.

tdlawyer :

You can try and withhold on the basis of delay and inconvenience etc. but legally, that shouldn't succeed as a defence.

Customer:

Okay,i was going to go down that route i think i may go round with a cheque for 250 which would square up for the original invoice and see what they have to say,what do you think?

tdlawyer :

That sounds very fair and very reasonable to me.

Customer:

thankyou for your time and help Regards Lisa

tdlawyer :

Thanks Lisa.

tdlawyer :

Have a good weekend.

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