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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46783
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My builder wants £400 more to fit a bath because I have ordered

Customer Question

my builder wants £400 more to fit a bath because I have ordered a different one than originally agreed. He put the water pipes in before he was supposed to hence the extra cost involved in moving them. is he in breach of contract if he doesnt fit the bath for the price quoted? How can I bring a contract to an end amicably?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Why was he not supposed to fit the pipes initially?
Customer: replied 1 year ago.
We agreed that he wouldn't start work until the bathroom suite had arrived.
Expert:  Ben Jones replied 1 year ago.
Did you not see him start the work? Were toy present at the time?
Customer: replied 1 year ago.
No I wasn't there and didn't see it until after they were installed. he says its a problem because we want a disabled bath rather than a normal one. The quote was just for a bath, no more specification than that.
Expert:  Ben Jones replied 1 year ago.
But you said that you had originally agreed on one bath, which you subsequently changed? So was a specific type of bath agreed on?
Customer: replied 1 year ago.
we just agreed on a bath loo and washbasin to be installed, not a specific style. We agreed that we would supply the suite and he would install it. We were not aware that this would alter the pipework and cause 2 extra days of labour.
Expert:  Ben Jones replied 1 year ago.
If you had specifically agreed that he would not start the work until the suite had been delivered and also no specifications were discussed about a bath, then he should not have gone ahead with the work. If he went ahead with the work, against the original agreement, and without having seen the bath to be installed you could argue that he has acted in breach of contract. However, you cannot force him to fit the bath for the price quoted and he could just leave the work as it is and walk away. At the same time you do not have to pay him if you are not satisfied with the work. As you have had some work done to your benefit you will have to pay something but this would generally not be more than what you had greed. So you could try and see if he would accept part of the payment which you had agreed and leave the job there, allowing you to get someone else to finish it. To cancel the contract you simply have to state that you are not prepared to work with him any longer as he has not followed the terms which were originally agreed and as a result has acted in breach of contract. Try to give him the opportunity to rectify this by completing the work at the pre-agreed price, but if he refuse then you can try and get this finished by someone else and not pay the original builder for the full costs as the job was not finished. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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 very much, just one more point if he accepts part payment for the settlement of the job does he loose the right to be paid the balance?
Expert:  Ben Jones replied 1 year ago.
Not automatically, you should make it clear it is being paid in full and final settlement, if you do not agree on that he could accept part payment then still pursue you for the rest
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46783
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.
Many thanks for all your help. I will give a good ratingBest wishes
Expert:  Ben Jones replied 1 year ago.
thank you and all the best

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