Cancellation fee has never been written down or discussed.
For Alex Hughes.
Many thanks for your answer - most helpful.
I need to respond to the builder.
What should my answer / approach be if I don't want aggravate the situation? My concern is, that if he decides to take his claim to the Court, my credit rating might be compromised.
The builder suggested a new start date - 28th July - in his email, which outlined his intention to bill us. But we feel that the relationship is unworkable after this "threat".
We would rather not go ahead with this builder.
If we're going with your option 3, and the builder decides "to go all the way", what effect would a court hearing have on my credit rating?
OK, - should the judgment go against us, what extra fees / charges would apply?
In your view, have we covered all the bases?
And one final thing: We will email the builder with a response according to option 3 - should this be followed up with a posted letter?
Thanks for your help, Alex.
I may take you up on reviewing the response.
I have drafted an email to the builder - attached:
Dear Mr. Newsome,
We are in receipt of your email dated 12th July ’14 in which you state your intention to bill us £1.500 for loss of earnings in connection with our not accepting your quotation dated 24th March ’14.
On 24th March ,14 you submitted a quote concerning the removal and rebuilding of our garden back wall.
By text message on the 16th May ‘14 you confirmed the start date to be Monday 14th July ’14 and made an appointment with us to come to our house on 11th July ‘14 to discuss the details of the work, which you previously estimated to take a week depending on weather conditions.
In May we booked holidays for the week commencing 14th July ‘14 - we both needed to give plenty of notice to our employers to allow colleagues to plan their holidays.
During your visit on 11th July you indicated to us, that the start date might be moved out for you to accommodate potential additional work on a current project. This would depend on your client accepting or rejecting a quote by Sunday morning 13th July ‘14 at the latest.
We were astounded by this, but trusted you to start Monday 14th July as you had previously committed to in writing (the text message of 16th May ’14).
We discussed the matter and came to the conclusion, that we had lost trust in your company because of the failure to deliver on a commitment – failure to adhere to the agreed start date. This was explained and communicated to you in an email dated 12th July ’14.
On the same day we received a text message stating that you could commence the work on Monday 28th July ’14. On Sunday morning the 13th July we received your email in which you state that we have a written contract and that you will be considering your options suggesting that you commence work on the 28th July ’14 or bill us for loss of earnings.
Our position is that you are in breach of contract by your failure to keep to the agreed start date. Time was of the essence once we had your commitment to the start date for the reasons outlined above.
Your quote does not contain, nor have we ever discussed or agreed a cancellation fee. Consequently, we do not consider ourselves liable for your alleged loss of earnings. Should you wish to proceed with invoicing us we will challenge it, and we will consider a claim against your company for our losses and expenses.
I would appreciate your comments/recommendations.
And after sending it, should the builder's invoice arrive, what is the next step?
Hello Alex - I got an alert but the trail of Qs and As does not end with your response.
Please could you resend.