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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47340
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I had employed the services of a company to project manage

Customer Question

I had employed the services of a company to project manage the renovations of my bathroom. 95% of the money was paid in 2 instalments to ensure that all the material was available for the workmen who was subcontracted by the project manager.The job was meant to be completed within one week. Unfortunately all the material was not provided so the workmen had to leave the job incomplete as the had other commitments. Since then I have had to chase the project manager as to give me a date as to when the job would be completed. He failed to answer my emails or phone calls. Eventually I got a hold of the workmen who gave me a date they would be in provided the project manager would supply the outstanding material. The project manager eventually got in touch with them and said he would have everything for them.They have since come back to complete it and the project manager who was meant to show up with the material failed to do so. Also the project manager was meant to complete installations of storage units which he has failed to do so. I, together with the workmen have tried to get a hold of the project manager and we were unable to do so. What are my legal standings in this issue and what would happen if I fire him as the project manager even though there is still an outstanding amount to pay him?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What are you hoping to achieve please?
Customer: replied 1 year ago.
I would like for him to either complete the job he undertook or to confirm that he is unable to complete the job and refund part of the fees already paid so that I can get someone else to complete the job.
Expert:  Ben Jones replied 1 year ago.
When did you engage their services?
Customer: replied 1 year ago.
December 2015. Work started on 11 January 2016. Of note the only reason I went with this individual is that he and his company installed my kitchen in October 2015.
Expert:  Ben Jones replied 1 year ago.
So what were their tasks exactly - did they have to do any of the building works themselves or just supply the materials?
Customer: replied 1 year ago.
1). Organise the subcontractor for the plumbing and tiling.
2). Order and supply all materials.
3). Build ( not by himself, he has a factory to do this) and install the storage units and vanity cabinets ( which would be done by his fitters).
Expert:  Ben Jones replied 1 year ago.
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). In addition, any information said or written is binding where the consumer relies on it. This will include quotations and any promises about timescales or about the results to be achieved. 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. So you do have protection and there are steps you can take to try and take this matter further. This is your basic legal position. I have more detailed advice for you in terms of the step by step procedure you should try and follow next, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. 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.
Customer: replied 1 year ago.
Ben, Thank you. Your advice is much appreciated.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best