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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I asked bathstore to refurbish my bathroom; I buy all the materials

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I asked bathstore to refurbish my bathroom; I buy all the materials from them and ask them to do the install. They sub-contract the install and the sub-contractor states an observation on their quote that some electrical work is not included. This was never highlighted to me by bathstore and I didn't realise this caveat. I have paid them all the money and they have completed all the work except the electrical work. Bathstore are now telling me that I must pay a further £650 for the electrical work to be done. Is this right? Do I have a case?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Is there any correspondence between you and Bath store that demonstrates that you asked them to carry out a full refurbishment of the Bathroom please or was everything conducted verbally apart from the agreement they may have asked you to sign please?

Joshua :

Is the term included in the specification or hidden somewhere separately?

JACUSTOMER-a8r6x999- : There isn't a formal statement to that effect, but there is a comprehensive materials list, work breakdown structure and sketch which they have produced. The work breakdown structure includes items like "install bath" and "install shower pump" which require the electrics. The observations are on the back page and are very badly worded, written by a polish chap
Joshua :

Thank you. could you kindly tell me what the provision excluding electrical works says please?

JACUSTOMER-a8r6x999- : Hmm... Do you mean the observation on the back page?
JACUSTOMER-a8r6x999- : The observation states:
Joshua :

The condition or provision that excludes electrical works....

JACUSTOMER-a8r6x999- : Low pressure taps needed; problem with electrical connection of floor heating, jacuzzi bath and shower pump - fuse (20A) for upstairs (location on the bathroom) indicates that there is a problem with the ring, in addition consumer unit is on the ground floor in the other side of the house to the surveyed bathroom. That involves installation of dedicated ring from consumer unit + 3 spur switches + decorative work. However qualified electrician is required to confirm this concern. Then the estimate for above can be provided
JACUSTOMER-a8r6x999- : The above is the observation / provision which bathstore are saying clearly documents that the electrical work was not included in the scope of work
JACUSTOMER-a8r6x999- : This is despite the scope of work including work items such as: install electric under floor heating, install electric mirror in new location, install extractor fan in new location, install down/spot light in new location, electrical certificate
Joshua :

Thank you.

Joshua :

Has the work commenced on the bathroom?

JACUSTOMER-a8r6x999- : Yes... And it's been completed. I have a lovely new bathroom, with no power to the bath, shower or heating. I'm being told I need to pay a further £650.
Joshua :

Was the above "observation" discussed with you prior to your giving the go ahead? I presume not from what you say?

JACUSTOMER-a8r6x999- : No... Not by bathstore... Prior to the quote being drafted, the sub-contractor made some reference (which I didn't understand) to it, but there was no follow-up... I've been working with bathstore on this job since Dec (which is when I paid the deposit for the materials) so there was ample communication and this was never raised
Joshua :

thank you. The above observation is by no means clear as it is not make clear whether a further estimate was proposed after the quotation you have received or whether the quotation you received was on the basis that the position had been subsequently clarified following the observation and the quotation provided.the additional circumstances of what was said to you and not said to you would also be of relevance

Joshua :

the position is subject to interpretation and what will be crucial is your understanding of what you are paying for. On the one hand, the supplier has an order that does have evidence that suggests that further work would be required but the provision lacks clarity. On the other hand, you will presumably argue that you understood that you were paying for a complete bathroom refurbishment which necessarily included electrical works required and would never have gone ahead had you understood that none of the electrics would be functional and the above observation was never explained to you.

JACUSTOMER-a8r6x999- : Fantastic! So I have a case to take this to a small claims court?
Joshua :

if the matter proceeds to court, much will depend upon whether the judge believes that you did not understand that electrical works were to be on top of the price agreed and what you say that the representative told you at the time he made the order. You will presumably argue that you have instructed the supplier to carry out all works required and the caveats the supplier now attempts to rely upon whenever explained to you and clearly you would not have gone ahead with the work had you understood that none of the electrics would be functional and worse, if this is the case, that if electrical works are now required, this may damage the decorative finish of some parts of the bathroom in order to enable those works to be carried out. In fact if this is the case, this would be good supporting circumstantial evidence for your argument as logically, one would not install a new bathroom including finishes if some of those finishes had to then be undone in order to carry out electrical work

Joshua :

it is of how you may consider proceeding, initially, you may consider writing to the supplier with the above observations setting out your position that you understood you are purchasing services for the completed installation and that the carrier with regards XXXXX XXXXX separate electrical works was not agreed with you or explained to you inviting them to return to complete the job failing which you will instruct a third party contractor to quote for the work required and look to them for the costs if necessary issuing a claim in the Small Claims Court

Joshua :

if they decline to attend to complete the work you can obtain one or two quotes from contractors to carry out the work and then consider issuing a claim in the County court. As above, the outcome of litigation will be to some extent uncertain and depend largely on the evidence you can present to the judge as discussed above. For this particular case, it would be very worthwhile your physically attending the case rather than simply asking the judge to proceed on the basis of paperwork alone is your personal evidence will be very important in particular, your credibility

Joshua :

Small Claims Court action does not expose you to legal fees of the other side and the cost of issuing a claim is in the order of £60 (please note the county court website is - once again down - and so I looking at a slightly out of date fee list but it went vary by much). Therre is a further fee of circa £50 if the matter proceeds to hearing all of which are recoverable if you are successful

Joshua :

is there anything above I can clarify for you any further?

JACUSTOMER-a8r6x999- : No I think that is great and provides me with good information to proceed. Many many thanks for your advice!
Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

JACUSTOMER-a8r6x999- : Sure will do. Thank you sir
Joshua :

Many thanks

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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