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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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We are a Resin floor paint application company and recently

Resolved Question:

We are a Resin floor paint application company and recently undertook a job to prepare a floor in a small industrial unit and apply two coats of resin based coating, something that we do all of the time without complaint. What we were unaware of was that the building had no heating. We had arranged to do the job over two days which is standard practice. Due to the low temperature the client agreed to pay for the hire of heaters which we had delivered and put on. Due to the fact that the building had been empty for some time this really did not heat the building, particularly the concrete floor. Due to the nature of epoxy resins the material became heavy to use and some roller marks are left. Additionally the client parked a fork lift truck on the floor before the coating had had chance to harden sufficiently which has pulled up a small section of coating.
The client is not happy with the appearance and wants a full refund of some £2100.00, even though we have offered to abrade and recoat the floor on a Sunday so as not to interupt there business. The client is now suggesting that no preparation was carried out at all, whereas the whole floor was prepared by means of the industry standard method of Diamond Grinding. They have taken legal advise and under supply of services and goods act 1982 they are demanding a full refund today. The majority of the floor is fit for purpose bourne out by the fact that they are using the unit to service vehicles, and are therefore benefitting from the fact that they have a painted floor which is presentable and can be easily cleaned.
As they are not giving us the opportunity of putting the defects right, would our client be awarded a full refund if it were to go to the small claims court?
On the basis that the majority of the floor is
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Did you assess whether there was any heating before you started the job?
Do you have any standard terms and conditions that your liability?
What portion of this do you potentially accept responsibility for and how much would it cost to fix that part?
Kind regards
AJ
Customer: replied 2 years ago.

We did not assess whether there was heating as I wrongly assumed that as it was a place of work, they would have an obligation to their employees to maintain a certain temperature.

We do have standard terms and conditions but they were not supplied with the quotation - a lesson learnt!

We accept responsibility for the roller marks that are visible and to abrade the floor and apply another coat of resin would cost us £1000.00.

I should also say that the client visited another jobn that we did locally to them, using the same process and same material. That floor was in a far worse condition when we started, doesn't look as good as this one and were happy to place the order based on what they had seen.

Customer: replied 2 years ago.

Hi Alex, I seem to have lost you?

Expert:  Alex J. replied 2 years ago.
Hi,
My apologies I am still here I had to leave my desk for a meeting.
I am reviewing this now.
Kind regards
AJ
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Ultimately even under the Supply of Goods and Services Act 1982 - they would have to prove that the service was not carried out with reasonable care and skill.
Their remedy for that would be contractual damages - i.e the cost of repairing the damage - if another coat of resin would repair the damage and costs £1000 then I would say that is the maximum liability you are exposed to unless there are any other foreseeable losses they have suffered - and as long as they can prove it was caused by your negligence.
You can then deduct from your liability the extent to which they have contributed to the damage.
For example how essential is heating to the process? Did you warn them to let it dry?
Kind regards
AJ
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