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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a builder decorator who has just been asked to leave a

Resolved Question:

I am a builder decorator who has just been asked to leave a job that I had very nearly completed but due to a small "snag" list which the client would't let me finish ,he asked me to leave. The job included fitting and supplying a new kitchen with appliances, installing a downstairs toilet,laying new flooring and decorating. I have been paid today £5000 short for a third party to complete the snag list which was only on the painting and decorating as the customer was very happy with the rest of the job. Whist I appreciate the customer does not want me to complete the work,I feel a £5000 retention to be excessive to finish an almost completed job. The customer did say he would he would forward me the difference between the cost of completing the decorating and the retention. How do I stand ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Do you know what the cost of getting the snag list done which is reasonable would be?
Did they give you any opportunity to put the work right?
Customer: replied 2 years ago.

I tried this morning but unfortunately I was told that i had taken too long to do the job and he had already engaged someone else. My belief is that the works would cost no more than £450.00 if he wanted the whole room re decorated, but he only pointed out a small area on the chimney breast and around the french doors. Other minor faults with paintwork (gloss) all of which could be addressed in 3 days.

Expert:  Ash replied 2 years ago.
Had they warned you beforehand?
Customer: replied 2 years ago.

yes they had pr warned me but I was going there with every intention of putting right the wrong, only to find that someone else had been engaged

Expert:  Ash replied 2 years ago.
Ok. Then you can seek to recover the full amount. They have failed to mitigate their loss. They could have let you do the work for free. Even if you take it to court and the judge is against you then you can argue they can only recover the reasonable cost of doing the work, Ie the £450
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

what do you mean by Mitigate, and do you mean 14 days from now, or from when the works are completed. Should I contact them and see if theyve had the estimTE FOR THE WORK?

Expert:  Ash replied 2 years ago.
Mitigate ie minimise their loss. By allowing you to do it or get the cheapest quote. 14 days from now. Yes contact them now.
Alex
Customer: replied 2 years ago.

THANK YOU FOR THE INFORMATION i WILL RATE YOU IN A MOMENT BUT FOR NOW HOW DO I NOW CANCEL SUBSCRIPTION AS I HAVE BEEN TO MY ACCOUNT BUT THERE IS NO OFF BUTTON

Expert:  Ash replied 2 years ago.
For billing questions you need to contact customer services as I can only see questions.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.

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