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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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We have ordered replacement soffits and guttering from a company.

Resolved Question:

We have ordered replacement soffits and guttering from a company. the first start date was put back. when the man came to do the job I was not satisfied with the quality of the work so far. half way through the day he went off to do another job. next day he returned I asked him to put fight the things that were crooked or did not line up properly. half way through the day he went off again. that evening he returned asking for payment. I told him that I would pay the office not him only when the job was done properly. he became rude. I called the office to tell them what had happened, the salesman said he would come round the next day to look at the job. he did not arrive but came the day after this was last Saturday. he agreed that the job was not up to standard and some wrong materials had been used. he phoned later to arrange the fitter to start today. at 9.30 he called to say the fitter was ill and he would rearrange the day to do the job. would we be in our rights to cancel with him and call in another company. or what is our legal position
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 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 :

May I ask if you agreed any timeframe with the company in which the job would be completed please?

Customer:

each time the job was to be completed within a day

Joshua :

Thank you. Do you have anything along these lines in writing?

Customer:

just a quote for the job little details the rest is verbal

Joshua :

Thanks. Your agreement has terms implied into it by virtue of the Supply of Goods and Services Act that the work carried out must satisfactory and fit for purpose and as agreed and any materials supplied in the course of their work must be of satisfactory quality. During the first six months, any faults are automatically assumed to be inherent as opposed to having been caused by damage or otherwise under the provisions of the Sale and Supply of Goods to Consumers Regulations 2002. After the first six months, the burden of proof switches to you to show that any faults are inherent as opposed to having been caused by damage. The work must be completed within the timeframe agreed or if no timeframe was agreed within a reasonable period of time.

Joshua :

Unfortunately here there is no written evidence as to how quickly the job would be completed and there is therefore the opportunity for the supplier to deny that they agreed to carry out the work within a day. You could however put the point to them, for example by email. In any event in order to cancel a contract for failure to perform within the time agreed or within a reasonable time as above, there is a procedure to follow if you intend to cancel the contract on these grounds.

Customer:

we have not accepted any of the work as satisfactory. how do I cancell

Customer:

and what happens to the materials he has used

Joshua :

It consists of two steps. The first is that you write to the supplier (email is fine) advising that you agreed a timeframe of XX and that they have failed to perform the contract within that timeframe and that accordingly youa re making "Time of the Essence of the contract" and if the job has not been completed to a satisfactory standard within a further reasonable period (what is reasonable would depend on the circumstances and original timeframe agreed - here 1-2 days may be appropriate) you give notice that you consider them to be in breach of contract and that you will cancel the contract.

Joshua :

If you subsequently cancel the contract you will still be liable to pay the fee agreed less the reasonable cost of an alternative contractor to compelgte the work - i.e. so overall you should pay no more than you originall agreed to pay

Customer:

what if the new supplier costs more, we have another quote that is about £300.00 more

Joshua :

Subject as above you are entitled to deduct the reasonable cost of an alternative contractor. The typical way in which you can show this is a reasonable deduction is to obtain 2-3 alternative quotes and use the cheaper providing there is no reason not to. Unless the new contractor has to remove all of the existing work and start again, his quote should be significantly cheaper as much of the work has already been carried out and presumably can be improved rather than entirely replaced though it may be that it has to be started again if the work is very poor.

Joshua :

If it is more than subject as above you could pursue a claim for the difference against the original supplier.

Joshua :

There may however be an alternative approach you can consider potentially. Did you sign or agree the work to be carried out at your home or did you agree to the work following a survey and the individual returned to the office to compile a quote which you then accepted over the phone?

Customer:

as far as I remember at firs he gave us the quote at our home. we later went to his office where he rewrote the quote.

Customer:

he re did the quote because the office had moved

Joshua :

Thanks. If the contract was concluded at his office then my alternative will not apply. I was going to mention that you may have an absolute write to cancel under the Doorstep Selling Regulations if they failed to supply you with the statutory cancellation notice but these regulations only apply to contracts concluded entirely at your home.

Joshua :

Accordingly your rights will be as above.

Customer:

are we able to cancel if the work is not done within say 7 days

Joshua :

On the basis that it was agreed that the job would be carried out within a day or so that would appear to be reasonable in the circumstances. Remember that youmust give a notice making time of the essence as above in order to cancel a contract on delay alone. Keep a copy of the notice you send for your records.

Joshua :

Is there anything else i can help you with?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer:

thanks that has been helpful.

Joshua :

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

Customer:

if he fails to complete within 7 days can we then cancel

Customer:

we have not paid anything yet

Joshua :

Providing you have served the above notice in writing first you can proceed to give notice of cancellation again in writing if the work has not been completed by the end of the 7 days.

Customer:

thank you for your help.

Customer:

len

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

Joshua :

Best wishe

Joshua :

*wishes

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