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 Jenny Your Own Question

Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
32019188
Type Your Law Question Here...
Jenny is online now

My builder has taken money new build checkmate warranty

Resolved Question:

my builder has taken money for a new build checkmate warranty and now will not give me the warranty... is this classed as fraud or theft... how can I get him to either return my money with interest or give me the warranty? thanks in advance
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Why has he refused to give you the warranty?
Customer: replied 1 year ago.
he says he wants retention monies before he will hand over monies
Customer: replied 1 year ago.
however we paid for the warranty in june and retention monies were not due until last month... we have been chasing him since we moved in last year for the warranty
Expert:  Jenny replied 1 year ago.
What are the retention monies in respect of ?
Customer: replied 1 year ago.
the final part of the contract
Customer: replied 1 year ago.
However of the retention - there are item of cost we need to remove and also the builder has not done the snagging list as requested over a year ago...
Expert:  Jenny replied 1 year ago.
Hi Kitty has he been paid for the work done to date?
Customer: replied 1 year ago.
yes - all monies have been paid bar the retention of 2.5%
Customer: replied 1 year ago.
we have held up our end of the contract and we feel he has taken the money for the warranty in false misrepresentation
Expert:  Jenny replied 1 year ago.
Ok thank you, ***** ***** you informed of the retention fee? Was this at the outset of the contract (invoice stage?)
Customer: replied 1 year ago.
yes
Expert:  Jenny replied 1 year ago.
Why are you reluctant to pay this now if you were aware of it from the outset?
Customer: replied 1 year ago.
I dont feel the warranty should be dependent on the retention fees
Customer: replied 1 year ago.
I feel he is being underhand and what is the say that if I pay him the retention fees that I will get the warranty?
Also he hasnt completed the snagging list associated with the retention fees
Expert:  Jenny replied 1 year ago.
Ok I understand that. It should not be dependent on the payment of the retention fee and you should not pay him the retention fee if he has not completed the snagging list. I would suggest you send him a letter before action to say that he is in breach of contract by failing to produce the warranty and by failing to supply the snagging list and if these things are not resolved within 7 days you will: a) report him to Trading Standardsb) look at taking action to put this right in the County Court. Hopefully that will concentrate his mind and lead him to be reasonable. If it does not then you can get quotes from other builders to find the cost of putting the matter right and then raise a claim in the county court to recover your losses. Is there anything further you would like to know? If I have answered your question I would be grateful if you would kindly take the time to rate my answer as I am not otherwise paid for the time I have spent working on your question. Thank you and all the best.
Customer: replied 1 year ago.
ok that is very very useful.
one final point - the warranty wasnt part of the contract - the house was a new build and so it comes as standard that a new build warranty runs alongside it - however the architect did not specifically add to the contract. However it was a mutual understanding we had to pay it - so we did. So the above still apply?
Expert:  Jenny replied 1 year ago.
Yes, you can add items to a contract at any time. The fact it is not written in makes no difference to the above advice.
Customer: replied 1 year ago.
the fact we have paid for the warranty and have emails to prove this - do this still class as a contract?
Customer: replied 1 year ago.
thank you very much
Expert:  Jenny replied 1 year ago.
No problem, please remember to take the time to rate my answer before leaving the site and do come back to me in the future if you need to.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you

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.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions