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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We are a building company who specialize in loft conversions.

Customer Question

We are a building company who specialize in loft conversions. We have have completed a project save some snagging, it comprises of 3 rooms and 2 shower rooms. The clients have proven difficult in the extreme throughout the building process (to the extent that our contractors didn't even want to work for them) and continually demanding. I will confess that the project has taXXXXX XXXXXer than expected to build, however, the project is completed to a genuine high standard, they have decorated and it has been occupied. Now the project is essentially complete they have come up with a raft of items they require attention to. Attending to any genuine items is in itself is not an issue albeit some are false or unwarranted claims. Without warning, they have now engaged their son (who works at a company of solicitors) and he has sent us a letter of intent should these items (and other items in dispute) not be addressed within 14 days. I have two questions at this stage (1) Because we have deep concern over their intention to pay the contract balance, even when these items are resolved, can we reasonably request what their intentions will be after the event (when completed), if so, under what Act can one suggest such a request. (2) Can we reasonably request a delay in the 14 days so we can (if we wish) ourselves seek legal advice on the situation. If so, under what Act can such be requested.

Kind regards XXXXX XXXXX you.
Peter
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : 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 You do not need to wait here as you will get an email when I reply.
Alex Watts : How much is in dispute and have they given you a written warning to fix or they will get someone else please?
JACUSTOMER-gq3dbjyo- :

The contract final stage payment is £5500.00 Inc.Vat. There is also a variation to contract order for an additional £2200.00. Within their list of issues (it's not just revolving around work they consider still to complete) is an aspersion that they will be getting an independent to inspect the work and if an element is considered to be sub-standard or they consider needs attention will be undertaken by a third party at our expense. With regard to this we believe it would be our right to offer and address such an issue in any case.

JACUSTOMER-gq3dbjyo- :

Hello ??

Alex Watts : Sorry I am just on the train,
Alex Watts : Yes you can ask what their intentions are.
Alex Watts : You need to write and set out your losses and request payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy. If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court. The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce. If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : You can demand payment under contract.
Alex Watts : Contract is common law so no statute,
Alex Watts : Can I clarify anything about this for you today Petera.
Alex Watts : I meant Peter? (Auto correct)
JACUSTOMER-gq3dbjyo- :

Hi Alex, sorry about the delay, I was travelling as well. Can I send you their correspondence for you for comment or would that be asking too much.

Alex Watts :

Yes I am happy to help.

JACUSTOMER-gq3dbjyo- :

Sorry Alex, your offline too often to get dialogue going - I haven't the time.

Alex Watts : I am on and offline. But you have to bear in mind I am a working Solicitor and in and out of court dealing with matters as per my introductory text,
Alex Watts : I am happy to assist you,
Alex Watts :

I am still here waiting to assist.

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