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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I had a contract with Stopsley Roofing

Resolved Question:

Dear Sir or Madam,
I had a contract with Stopsley Roofing who agreed to undertake a flat roof urgent repair to a specific start date and price agreement £1,600.
Yesterday was his start date 10th August, and he was booked in for 2 days to do work of fibre glassing.
He turned up for work at 8.30 am and immediately extricated himself from starting the job saying he had materials to get but, was going over to a nearby cafe 200 yards away to get breakfast and would be back. 6 hours later he returned and I asked him where he had been, and he said sitting in the cafe drinking coffee waiting for forecast rain to come??.
I pointed out to him we had in writing a specific agreement he would, for work continuity in adverse weather use a tarpaulin/or awning, and that it had been bright sunshine all day therefore, why had he done nothing all day.
He became evasive and his partner threatening and I deduced he’d been working ( in my time) on another job and was charging me for this, and also whoever he’d double booked on the same day, but he denied this predictably.
He then said not to worry he would get everything done in a day, and being aware of what was involved realised I would get a less than perfect job. So there and then I said I regarded that he had breached our contract admitting that he had decided, not me, not to work, and I asked him not to proceed on the job as I was not satisfied with his commitment and attitude to my job and said I regarded the contract null and void.
I also said if all I was going to get was one days work he was overcharging anyway on his original quote above.
He now sends with menace an invoice for £800 payable within 7 days to cover the day he would have worked, even though he had said this would only be materials. He has not produced any evidence of material expenditure and most roofers have this material in ready supply anyway for all commissions.
Can you advise ?
Mr Bren Calver.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Bren my name is ***** ***** I will help you.
Was there a written contract? Did it just say he would do the job by X date if there is one?
Customer: replied 1 year ago.

I received an email written contract from Stopsley Roofing outlining work to be done, start date, and price, it then required clicking a button of acceptance. Prior to acceptance a number of short e-mails were sent from me specifying what I expected including method of roofing, and contingency plan for adverse weather using a tarpaulin for exposed roofing and start date. He also agreed to do my job in two days as work was extensive and required stripping off the old roofing first .

Expert:  Ash replied 1 year ago.
Ok - so he didnt do anything on the first day and there was no way he could have finished the work? If he has breached it then you can ignore the letter.
Reply back and say he is in breach of contract pursuant to the written agreement and Section 13 of the Sale and Supply of Goods and Services Act 1982 by failing to act with all reasonable skill and care.
At worst he can issue a small claim but you can defend it on the basis he is in breach. Do not be bullied into paying.
Can I clarify anything for you about this today please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

This was the roofers reply below on top of my letter as you advised .

My wife and I don't consider his comments are credible when he said he just sat just drinking coffee "waiting for rain" forecast all day while the weather was actually sunny all day and he was able, being only 200 yards down the road in a local cafe to be able to assess that and at least make a start. A contingency plan was agreed before the contract for bad weather, to bring a tarpaulin, he didn't saying they leaked, we therefore believe he was actually working on another contract, a lady who he said he could work around, and obviously didn't.

Furthermore my e-mail to him later that evening severing our contract was not in his view due to my unfair delay in contacting him, but due to his late arrival in the evening to explain his feeble reason for not working.


Good Evening Bren,

As discussed, we did not fail to act with skill and care as the weather forecast did not allow. Nor have we sent any demands with menace.

Upon the correct advice we will continue to pursue the outstanding invoice for the lost materials and lost labour from today and tomorrow. We will ensure we have all documentation available to support our claim.

It is not unreasonable to deem it unacceptable to cancel a contract at 7.55pm, despite giving the opportunity to cancel earlier in the day. It is a very long time since we have come across such a difficult customer to deal with

Yours Sincerely


On 11 Aug 2015, at 19:45, *****@******.*** wrote:

Dear Sir,

In response to your bogus Invoice demand with menace, I am legally advised to tell you that: you are in 'Breach of Contract' "pursuant to the written agreement and Section 13 of the Sale and Supply of Goods and Services Act 1982, by failing to act with all reasonable skill and care". Therefore I have every right to end your services.

Therefore please desist in sending anymore demands with menace.

No more correspondence will be entered into.

Yours Sincerely,

Mr & Mrs B. Calver.


Expert:  Ash replied 1 year ago.
I would not reply.....
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear Alex,

This was my final reply to the e-mail I received and copied to you last night, in response to his reply concerning my legal advice received.

I fully intend not to reply from now on, and if it comes to it, will await a court summons. I am a stroke victim being paralysed down my right side and still with neurological problems, and just recently became profoundly deaf also in consequence to my Stroke and find my hearing aids dont work with hand phones, so I have been so grateful for your instructions via the web. Now its a waiting game with more stress and I'm supposed to avoid this at all costs. Here's my final reply last night.


Good evening Dan,

You failed to comply with our Contract Agreement for the reasons already given, therefore breached the contract by your own actions first.

Going off for a six hour breakfast pointlessly "waiting for rain" on my time, or working elsewhere, wasn't in our agreement, bringing a tarpaulin was for an all weather contingency plan which you failed to comply with also. I suggest you use your materials on another similar job or get a refund, mine certainly isn't the only flat roof. I certainly wont subsidize yet another customers job because you failed to do a full days work.

I do not intend to keep repeating myself, you breached our contract by your contemptuous attitude not providing skills and commitment to our urgent task.

My solicitor has studied all documents and you have his judgement in my last e-mail. I would advise you listen to this advice.

Your very delayed evening return to my home wasting a day obviously contributed to a later reply, therefore you have only yourselves to blame. However, you have already demonstrated you reschedule when it suites you regarding the lady customers job you were prepared to put our job in front of or work around but obviously didn't in the end, your argument is therefore false and you are being hypocritical.

If you had both returned earlier instead of sitting in a cafe for 6 hours only 200 yards from my home in broad sunshine, not once attempting to reassess the situation being local or at least make a start for virtually a working day, you might have got an earlier reply that, we were not happy at being put in the invidious position of dealing with an unreliable contractor with the window of weather running out and a very leaky roof likely to further ruin the internal room fabric of our dinning room. So with our confidence broken and the likely hood of a rushed job in the remaining allocated time or, another repeat performance of a wasted day, our response was understandable - and is final!. Receiving your feeble excuse was beyond credulity and an insult, which your last reply also had plenty of, so both completely unacceptable and beyond redemption.

Our new contractor has demonstrated non of your excuses were valid, used a tarpaulin, has done an excellent quality job to complete satisfaction, and finished on time with sterling effort of dedication to our needs.

I have nothing more to add, or will enter into further protracted argument.

Yours Sincerely,

Bren & Sara Calver.
Expert:  Ash replied 1 year ago.
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.

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