Sorry for a late reply but I was away.
Let me quickly describe how it was.
We started the building project for this customer as a xxxxx xxxxxxx. The project was about extension, structural work, kitchen and bathroom. We hired xxxxx xxxxxx to do this work under our supervision. There was only one contract between us and the customer ( no signature from the xxxx xxxxx). The customer was paying separately to us and separately to the xxxx xxxxx. We also notified the customer that we are not providing any guarantee, however xxxx xxxxxx offered 1 year guarantee but the customer is not happy that it is not from the xxxxx xxxxxx
We had around 3 weeks of delay to complete the project. 1 week before completion the customer asked us to leave the site for few weeks because of the Christmas time and come back at the beginning of the new year. However the customer changed his mind and did not want the xxxxx xxxxxx to complete the remaining work. Generally the customer can't do it but we offered him two options. First option was to let the xxxxx xxxx finish the work and other option was to let him get other contractor to complete it and we would pay him anything he had to pay to the new contractor. The customer obtained 3 quotes, selected the contractor and showed us the price. Even if we were still entitled to complete this job we honoured his decision and agreed to pay him the difference but only if he will sign an Agreement.
He tried to change this agreement many times but we did not let him. At the end he agreed to sign it but informed us that our reservation of liability is unenforceable .
This is exactly what he wrote: ''I am minded to sign the agreement, but I should add that your reservation of liability is in fact unenforceable, this is on the advice of a contract lawyer, but if you are happy to proceed then fine. ''
If it is in fact unenforceable then there is no point to sign it. We could have simply insist to complete the job by ourselves.
Please let me know it the customer is right about this.