How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alice H Your Own Question

Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
30932268
Type Your Law Question Here...
Alice H is online now

For Alex Hughes.Continuation of Dispute with Builder.Review

Resolved Question:

For Alex Hughes. Continuation of Dispute with Builder. Review of draft email to builder. Steen.

I have now added my draft email.

Please review and let me know of any omissions or mistakes.

"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.

Yours Sincerely,

Steen Weidekamp "

And I would like to know what my next step would be if Mr. Newsome delivers an invoice to us.

Many thanks,

Steen

Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
I am looking at your draft letter now and will respond shortly.
Expert:  Alice H replied 2 years ago.
The letter looks absolutely fine to me. All the essential ingredients are there. I have made some minor adjustments in bold.
Dear Mr. Newsome
We are in receipt of your email dated 12th July ’14 in which you state your intention to CHARGE bus £1, 500 for "loss of earnings" in connection with OUR NON-ACCEPTANCE of your quotation dated 24th March ’14.
AT THE OUTSET WE WISH TO EXPRESS OUR DISAPPOINTMENT WITH YOUR SERVICE AND POSITION YOU HAVE PLACED US IN AT SUCH SHORT NOTICE.
On 24th March 2014 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 BECAUSE WE BELIEVED THAT YOU WOULD KEEP TO THE ORIGINAL AGREEMENT.
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, NAMELY YOUR 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. MOVING THE START DATE BACK BY TWO WEEKS IS IN BREACH OF OUR AGREEMENT ESPECIALLY AS YOU HAVE HAD FOUR MONTHS TO PLAN YOUR COMMITMENTS.
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 COUNTER claim against your company for our losses and expenses AND DAMAGES FOR BREACH OF CONTRACT.
WE HAVE TAKEN LEGAL ADVICE ON THIS ISSUE IN LIGHT OF YOUR STANCE AND WE HAVE BEEN ADVISED THAT YOU ARE IN BREACH OF CONTRACT BY FAILING TO START WORK ON THE AGREED DATE. SHOULD THE MATTER PROCEED TO COURT WE WILL RELY ON THIS CORRESPONDENCE.
YF
Expert:  Alice H replied 2 years ago.
The letter looks absolutely fine to me. All the essential ingredients are there. I have made some minor adjustments in bold.
Dear Mr. Newsome
We are in receipt of your email dated 12th July ’14 in which you state your intention to CHARGE bus £1, 500 for "loss of earnings" in connection with OUR NON-ACCEPTANCE of your quotation dated 24th March ’14.
AT THE OUTSET WE WISH TO EXPRESS OUR DISAPPOINTMENT WITH YOUR SERVICE AND POSITION YOU HAVE PLACED US IN AT SUCH SHORT NOTICE.
On 24th March 2014 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 BECAUSE WE BELIEVED THAT YOU WOULD KEEP TO THE ORIGINAL AGREEMENT.
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, NAMELY YOUR 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. MOVING THE START DATE BACK BY TWO WEEKS IS IN BREACH OF OUR AGREEMENT ESPECIALLY AS YOU HAVE HAD FOUR MONTHS TO PLAN YOUR COMMITMENTS.
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 COUNTER claim against your company for our losses and expenses AND DAMAGES FOR BREACH OF CONTRACT.
WE HAVE TAKEN LEGAL ADVICE ON THIS ISSUE IN LIGHT OF YOUR STANCE AND WE HAVE BEEN ADVISED THAT YOU ARE IN BREACH OF CONTRACT BY FAILING TO START WORK ON THE AGREED DATE. SHOULD THE MATTER PROCEED TO COURT WE WILL RELY ON THIS CORRESPONDENCE.
YF
Thank you for using our service - please remember to rate my answer. You can ask for me in future - just remember to mark the question "For Alex Hughes".
Customer: replied 2 years ago.

Did you get my question about next step, should we get presented with an invoice?

Expert:  Alice H replied 2 years ago.
Not yet!
But if he sends you an invoice you should refuse to pay it for the reasons we've discussed.
You can send the invoice back with a note explaining why you will not pay if you wish.
Customer: replied 2 years ago.

So if we refuse to pay or send the invoice back with the explanation as outlined in the email and he decides to take the matter further, what can we expect - in other words, what are his options?

Expert:  Alice H replied 2 years ago.
His only two options are:
1. Do nothing;
2. Sue you for the sum of £1, 500.
In my view he does not have a leg to stand on. He is unlikely to sue - if he does his chances of success are minimal.
He moved the date - not you. And now he wants you to pay for his failure to adhere to the agreement. I think a court is unlikely to have any sympathy with his case.
You have to stand firm and be robust. There is no claim here as he is in the wrong (plus there was no agreement to pay a penalty or cancellation fee).
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice