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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45363
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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we are having trouble with our builder, and have been advised

Customer Question

we are having trouble with our builder, and have been advised to write to him re breach of contract.
would you be able to advise us how to set the letter out.
many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What have the reasons been for the delay?

Customer:

sorry pressed wrong button, he also failed to order the windows for which he was given a four week time schedule, claimed we agreed to go with a cheaper company that he quoted us for, but this was not mentioned in the quote, and he also arranged for the company that he had initially recommended to us to come round to measure and quote, they too where trying to contact him whilst he was out of the country.

Ben Jones :

Sorry not sure if the first part of the post failed to register, can you please check above

Customer:

the first part was about him keep disappearing for weeks to go on holiday without letting us know and not answering our phone calls

Ben Jones :

ok leave it with me please I will draft something up and respond on here shortly

Customer:

sorry do you want me to do live chat?

Ben Jones :

Hi, you don't need to hang around here you can come back later if you wish. I won't be too long, I do have a queue of customers and you are next up so you can always check back within half an hour

Customer:

ok

Ben Jones :

Hi, you can use a variation of this letter to send to the builder to take the matter forward. Obviously you would need to make some changes to ensure it reflects the facts of your case but the format is what would be expected in such circumstances:


 


Dear XX


 


I wish to raise certain issues regarding the work you have been carrying out on our property.


 


As you are aware we initially agreed a build time of 10 weeks, commencing on 31 March 2014. As of the date of this letter it is now 12 weeks and the project is nowhere near completion. Whilst unforeseen circumstances could sometimes be used to justify such delays, in this case there have been none and the delays can only be attributed to your own actions.


 


To date you have received a total sum of £34,225 leaving an outstanding balance of £13,065. This includes payment for the windows approximating £9,000, which leaves you with only £4,000 left from the agreed prices. I am concerned that this sum is unlikely to cover the outstanding work, hence why I have withheld payment until the work which should have been completed to date is finalised.


 


I would like to remind you that The Supply of Goods and Services Act 1982 states that the contract I have with you contains implied terms that, which require that:



  • the work has to be carried out using reasonable skill and care; and

  • be completed within a reasonable period of time


 


In addition, you are in breach of the express terms of our contract, having failed to adhere to the pre-agreed timescales and not making reasonable attempts to complete the work as expected.


 


I would kindly request that you take immediate steps to rectify the issues with the outstanding work and bring the project up to speed in order to ensure there are minimum delays in completing it. Failure to make reasonable attempts to do so would leave us with no choice but to engage another competent builder to complete the works in your place and we would then be seeking their costs and any other losses incurred as a result, directly from you. I hope it does not come to this but we reserve our right to use the full extent of the law to protect our rights.


 


I would be grateful if you could reply to this letter no later than [choose a suitable date, for example a week or so]


 


Yours sincerely


 


XX

Customer:

thanks Ben, sorry to appear so stupid, but we are two seventy year olds not used to this system, can you please tell me how to print this off

Ben Jones :

Can you see a 'share' button anywhere?

Customer:

sorry no

Customer:

could you send this direct to my email, then I will be able to

Ben Jones :

Sadly we cannot email customers but what you could do is select the full text above (just use your mouse holding the left button to select as much of it as you want), then right click and press copy, then open up a word document for example, right clicking and selecting paste and it would transfer it on to there

Ben Jones :

Then you can print from that document

Ben Jones :

any luck?

Customer:

this is an excellent letter, but just one problem, he has become so rude, aggressive and threatening that we no longer wish him to come back to our property, any other options

Ben Jones :

if that is the case then you are really looking at employing other builders to finish the work and pursuing him for the difference in costs, there is no other way around it so you will just have to amend the final paragraph to reflect that and state that due to his behaviour to date you have lost all confidence and treat the whole contract as breached and that you will get someone else to complete the works and expect him to refund you for the uncompleted work and if that does not happen you will have to pursue him further for it and any other costs

Customer:

thanks Ben just one more question, are we within our rights to ask the companies that have supplied the scaffolding, skip and portable toilet to remove them from our premises

Ben Jones :

you can do, not sure what they will say in return if they have not been paid for example but legally their contract would be with the builder, if he is the one who employed their services and arranged everything. But as it is your property you can ask them to remove their equipment from there

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45363
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

we have had a very rude reply, but not threatening to sue, if he does how should I respond?

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