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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We had a concrete base done log cabin to stand on 26'

Resolved Question:

We had a concrete base done for a log cabin to stand on 26' x 14', (on the centre of our horse and donkey sanctuary), incorporating a disabled toilet, it was on a slope so one end of the concrete was considerably higher than the other. They did not use the correct shuttering, as a result there is not one single straight line anywhere it has bulged out all around, they tried to use our plant pots to brace the shuttering, the base is not flat nor level, the disabled ramp is a joke. The whole thing is not fit for purpose, when we got them back (with two other 'proper' builders present) they were very apathetic and quite happy to walk away and let someone else fix it, we didn't really ant them back as there is ever likelihood they would make it worse. Now however they want to charge for the concrete, but we are going to have to pay excessive funds to have this put right (in essence a further base on top). What are a legal rights?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Did you commission the work as personal customers or as a business?
Customer: replied 1 year ago.
It was commissioned as a charity
Customer: replied 1 year ago.
Sorry Ben, just to add, the charity is paying for the base then the disabled toilet and office log cabin to go on top.
Expert:  Ben Jones replied 1 year ago.
Your rights will depend on whether you acted as a consumer or a business, although the outcome should be more or less the same.
As a consumer, when you have entered into a contract for work and materials, where the main focus is labour and skill, the Consumer Rights Act 2015 says that the work must be:
• Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession);
• Finished within a reasonable time (unless a specific time has been agreed); and
• Provided at a reasonable price (unless a specific price has been agreed).
As a business customer the above assumptions do not automatically apply, although there will be expectations under common contract law. So in general you can expect to receive the service which you had agreed on at the outset and this must also be done to a reasonable standard.
If there are problems with the standard of work, or any of the above, you will have certain rights:
1. The trader should either redo the parts of the service which are inadequate or perform the whole service again at no extra cost to you. This must be done within a reasonable time and without causing you significant inconvenience.
2. If redoing the work is impossible or cannot be done within a reasonable time or without causing significant inconvenience, you can claim a price reduction. The price reduction would depend on how severe the issues are and could be as much as the full cost of the work.
3. If the service has been performed so badly that it would be unreasonable to expect the consumer to give the trader a second chance, you may be entitled to claim the cost of remedial work by another trader.
In order to resolve any problems that have arisen, it is generally recommended that you follow these steps:
1. Collect all documents relating to the work (e.g. estimate, contract, correspondence, etc.).
2. Contact the trader and explain your problem. Ask them to return to fix the issues and set a reasonable time limit for them to respond (7 days is reasonable).
3. In the meantime find out if the trader is a member of a trade association with a mediation service that can help resolve your complaint.
4. If the matter is still not resolved, write to the trader repeating your complaint and how you would like them to resolve the issues. Say you are giving them a final time limit of 7 days to resolve the problem or you will have to consider taking legal proceedings to recover your losses.
5. If the trader fails to respond or refuses to resolve the problem, you could potentially get a different trader to complete the work and consider suing the original trader for all or part of these extra costs. Remember that court is your last resort, however it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position.
6. Finally, make sure that you send all correspondence by recorded delivery and keep copies.
If you wish to take the matter further and issue legal proceedings, assuming you will just be claiming financial compensation, you may issue your claim via the Court’s online portal at www.moneyclaim.gov.uk.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thank you for all the information. The 'builder' has been quite threatening and has said if we don't pay for the concrete he will smash it up and take it away......which actually we would like him to do. The difficulty is that even to have it 'made good' means changing the cosmetic appearance of the whole thing, which we did not want. In essence the whole thing is wrong, if they did, by any remote chance agree to 'start again' we have no confidence in their ability which has been apparent since the sorry thing started. If they do smash it up and take it away are we liable for any costs?
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you​ and please be advised it will most likely be as soon as I am in the office in the morning
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. If they demolish their work and take it away then you are unlikely to be liable for any costs because you have not received anything from them. They did provide something, which they then destroyed and removed so you have not actually ended up with anything which they can charge you for. So if they wanted some money from you, they should leave the work as it is and they could still try and claim for a proportion of the costs because you have received a benefit to an extent. Of course this proportion may not be that large because it was mostly poor workmanship and the usable or correct part of it would be relatively small in comparison. So if you are happy for them to remove the work, let them do it and then refuse to pay anything as they have not provided you with any benefit.
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Ben, you have been very helpful. Judy
Expert:  Ben Jones replied 1 year ago.
Ok thank you.
regards
Ben

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