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 JGM Your Own Question

JGM, Solicitor
Category: Law
Satisfied Customers: 9973
Experience:  30 years as a practising solicitor.
Type Your Law Question Here...
JGM is online now

I ordered on account some balustrade posts in stainless steel

Customer Question

I ordered on account some balustrade posts in stainless steel from a specialist, we supplied the drawings to him for them to be made to. The delivery was very late we were verbally told about a week took far longer making us late. Most of the posts were manufactured incorrectly, not as per the drawing supplied. The company was hard to contact so we paid a third party to repair the balustrade posts on site rather than have further delays and costs against us. They now want payment in full and are bullying or threatening us with legal action possibly a winding up order. They allege we have to pay in full as they were not given the opportunity to make we struggled to get the things made on time and also had issues with phones not being answered we were left with no option sadly but to get them altered. The guys seems a bit of a cow boy and a bully, by all account legal procedures start tomorrow. Any ideas?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
How much did you pay for the post and to have them repaired?
Customer: replied 1 year ago.

Posts were £3768 incl vat. Repairs etc probably not much less!

Customer: replied 1 year ago.
Relist: Other.
Not had an answer yet....I have to go and collect my son from the airport....I assume that this should be fairly straightforward? Can you email me?
Expert:  JGM replied 1 year ago.
Thank you for your question.
This is an issue which often arises in the context of construction projects: whether the contractor has a 'right to return' to the site to remedy defects. However, there is no such right unless one is specifically conferred upon the contractor by the defects liability provisions or otherwise in the contract. Where there is no express right for the contractor to return to the site to attend to remedial works, or the relevant period has passed, an employer is entitled to employ others to rectify defects. However, where a third party is appointed and that is thought to be unreasonable in the circumstances of the case then the employer may be criticised for failing to mitigate its loss.
So generally, where you have had problems as you describe in your narrative, you are entitled to ask a third party contractor to put things right provided that the costs are reasonable and in accordance with the type of costs that were charged by the first contractor.
In terms of quantification you have to take account of the first contractors costs, deduct the remedial costs and pay the balance of the contract price to the first contractor. If you have already paid the first contractor you will sue for the remedial works.
From what you say, you would be able to resist any claim by the initial contractor.
I hope that helps.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 9973
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 1 year ago.

In short, we did try to call them on many occasions, the phones were not being answered, would we need to prove this? An email was sent to them.

This gy is ruthless, we think he will send a winding up order against my company! (He's a Bully), how do we prevent this?

Regards ***** *****


Expert:  JGM replied 1 year ago.
No, there's no harm in doing so but as I mentioned above there is no automatic right to give them the opportunity to do remedials unless the contract provides for it.
As far as a winding up order is concerned you simply deny the claim and the winding up order can't be granted unless they sue in the courts in relation to the merits or otherwise of the claim. This is not a straightforward debt issue as there is a valid defence to the claim which has to be adjudicated.
If you receive anything take it straight to your solicitor to deal with. Do not deal with it yourself.

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.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

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