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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, In 2011-2012 I had a builder engaged under the terms

Resolved Question:

Hello,

In 2011-2012 I had a builder engaged under the terms of a JCT Minor Works Contract. Close to completion of the project the builder went into liquidation, and we had been in dispute about several additional charges the builder was attempting to include.

This year a liquidator is attempting to cover this outstanding amount, which I am again disputing.

In reviewing the itemised list of charges there are a number of additional items I do not agree with, but I did not raise the with the builder as I hoped to conclude the project amicably.

The liquidator claims that because I did not dispute these with the builder, I must still pay these. However, I believe the additional charges do not comply with the terms of the JCT Minor Works Contact, and now wish to dispute these also.

Is there an implied acceptance of all charges, are can I go back to the principles of the contract and dispute any items not covered by this?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** 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 : Did you ever agree to the additional charges please or was the work authorised?
Customer: I did not agree in writing to any of the additional charges.
Customer: I sent some letter when disputing other items where the other party states that because I did not query them at the time I've implicitly,accepted them.
Customer: These were listed in an appendix in two tables showing all charges and disputed charges side by side, but I did not explicitly accept the individual items.
Alex Watts : Ok.
Alex Watts : If the contract allows for additional works then they can be charged for.
Alex Watts : If the works were not authorised, agreed or otherwise then they can not chagre for them.
Alex Watts : it is a matter of contract law.
Alex Watts : Only items agreed or specified can be charged for.
Alex Watts : Anything outside of the contract must be agreed separately.
Alex Watts : Can I clarify anything for you about this today please?
Customer: Just one more thing to clarify: iis there an implied acceptance or should I arrange to review all letters exchanged to ensure I've not inadvertently implied acceptance?
Alex Watts : There is not implied acceptance. You can ask to review all evidence.
Alex Watts : Does that clarify for you?
Customer: Thank you, ***** ***** my question
Alex Watts : Great. If I could therefore invite you to rate my answer today.
Alex Watts : If the system won't let you please do say
Alex Watts : if you need more help please click reply.
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