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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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We are having an extension built. The builder has made several

Resolved Question:

We are having an extension built. The builder has made several mistakes - part of the foundations were wrong and had to be re-done. Part of both the kitchen and bathroom had to be re-done because the work was so poor. We have a schedule for completion on 9th September. There is still a lot of work to be done.
Where do we stand legally ? Should we make a further payment ?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. You mentioned that you have made an agreement with one of the directors. What was agreed that the MD is not now honouring?

Customer:

Hi jenny

taratill :

Hi please can you explain what was agreed with the director which has not been honoured?

Customer:

Hi jenny - a quote was done which was too high so a revised one was done which had certain things taken off. A conversation followed with me saying what we wanted and what the total budget was and asking if it could be done. The response was "I'm sure we can sort sonething out". I have on text that his woed is sufficient.

taratill :

So are they asking you to make a payment over this budget that was set?

Customer:

Yes

taratill :

Do you have written evidence of the amount that was agreed?

Customer:

We have the quote which does not include the extras

taratill :

I'm a bit puzzled can you clarify what the further amount you are being asked to pay relates to?

Customer:

For work not itemised on the quote but agreed with director would be done.

taratill :

Thanks so to be clear these are things that you were led to believe verbally and through the text would be done without a further payment?

Customer:

Yes

taratill :

Thanks has this work been done?

Customer:

Some of it

taratill :

Has all of the core work been done, (not the extras)?

Customer:

No

taratill :

You said you have already made payments is this for all of the core work?

Customer:

We were asked to.make a payment of £12k for work done and they are now asking for a further 12k for work done. Also want to add to7k for extras. Poor workmanship necessitating having to be redone and 3 weeks over schedule with lots still to do

taratill :

Have they said they will not continue work unless you pay?

Customer:

Sort of

taratill :

OK I will now prepare an answer. You will receive an email when it is ready.

Customer:

Thanks

taratill :

Hi you need to write to the employer to say that you are unhappy with the work they have done and are concerned that they are now trying to go back on your agreement with the director that the extra work would be done for free. You should state that you are not prepared to pay for the extras and unless they can confirm that they will a) honour the agreement made with the director that the extras would be done for free and b) confirm that they will complete the other work by a date that you set you will look into your options which may include instructing a new buider to complete the job and bringing a claim against them in the County Court under the Supply of Goods and Services Act and in breach of contract to recover any losses you may suffer.

taratill :

You should make 'time of the essence' in yoiur letter by saying that it is a requirement that they will finish by a given date.

taratill :

You can also contact trading standards to report the issue. They will give you a reference number which you can quote in correspondence.

taratill :

Hopefully this will resolve matters for you.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take them time to rate my answer.thank you and all the best.

Customer:

Where do we stand legally regarding the quality and lateness

taratill :

You are protected by the Sale of Goods and Services Act, if the work done to date is not of satisfactory quality then you will be able to bring a claim against them. You will need to produce evidence of this. If you want to do this then you will need to get other builders to come and inspect and give a quote to remedy the work to date.

taratill :

Please do let me know if you would like to know anything further about this?

Customer:

Thanks

taratill :

I would be grateful if you would take the time to rate my answer and all the best with this for the future.

Customer:

Very helpful

Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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