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We have had building works in the last year in gp surgery. We have paid for new installation of electronic doors. One ot the motor operated doors is not working on and off since it has been installed. Builders have cone out to fix and it has worked for a week then not working again. We have contacted the manufacturer who now informs us the that the product that has been installed is an old version and they have upgraded years ago, hence it is not under warrenty any more. We have paid for new appliance and the builder it seems has installed second hand product. As we are a gp surgery we have regular inspections and must have an uptodate manual with the product in it which they have supplied the wrong product. We would like to get the door rectified with the latest version. We have been back anf forth several times with this problem with the builders. How do we go about this? report to trading standards? take to small claims court for money back?
We have had a lot of work done by these buidlers installing cctv fire alarm electronic doors and ips sinks, special flooring if anything fault or anything that goes wrong they are to come out and fix it, the door at the momnet is the only thing that needs fixing. Need to know the best plan of action and how their possible responses will be and outcomes to each scenario if we proceed down a route of taking it further.
HI thanks for your question.
My name is***** can assist with this.
Did you have a written contract setting out the basis of the works being done please/
yes we have the proposed works and the costs, whihc is what we agreed to work with them. They have supplied a operational and maintenance manual which has the produsts installed but no receipts of when the product brought and by which company.
Okay. Having a written contract is an excellent thing, as you should be able to make reference to it, to show that the companies in breach of its obligations.
Then, if you wish, you could instruct a solicitor to write an appropriately worded letter before action to them, indicating the court proceedings will follow unless a sensible resolution is achieved.
If that fails, (and strictly speaking, you do not have to do that letter) then you could simply issue proceedings in the County Court. If the value of your claim is less than £10,000, then it will be allocated to the small claims track.
That has the advantage that, the procedure adopted is very informal, and you will not need to instruct lawyers.
Also, there is little real risk of costs being awarded against you a final hearing, should the matter proceed that far.
How do we go about issuing court proceedings? Is there a time frame which we can take them to court? The builders have responded and blaming the company for giving them an old version of the product and that they should have given a new one instead of repair. I am not sure whether to believe them as I do not have receipts.
You normally have 6 years to bring a claim, from the date of the breach of agreement (i.e. the building contract) to issue proceedings.
You can do int online at www.moneyclaim.gov.uk
I have sent a letter to them and they have replied to say they are looking into it, I have asked in the letter for it to be completed in 7 days or next steps will be taken to get another contractor to do the work and claim through small claims court.
They are not giving a date when it will be done and have instructed not to get any other contractor to do the work as they will not pay for this.
Where do we go from this?
I think once you've made clear in correspondence that you require the work to be completed, such as with the period you stated, then the only thing you can do after that is to proceed to court to recover the additional expense of instructing a third party to complete the job.
Needless to say, if you get the work done within a reasonable time (and that requires them to tell you when that will be) then that is probably a better option than getting a third party, unfamiliar with the work done so far, to complete the job.
It would also take away the issue of any dispute, regarding additional costs. However, you can only be expected to wait for a reasonable period of time for them to decide whether they will come and do the works, and if so, when that will take place.
I should say, a potential halfway house, would be getting a solicitor to write a letter for you, the letter of claim, indicating how you intend to proceed, and they may take that more seriously. If that did the trick, and they came to make arrangements with you to do the work (and subsequently did the work) then that would equally be a better option than having to be engaged in lengthy court proceedings. A small claims matter could take six months to resolve through the court system.