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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We contracted a company to install some new Commercial

Resolved Question:

We contracted a company to install some new Commercial Windows and Doors at our newly built shop towards the latter part of 2015. Since the contractor arrived on site we have had nothing but issues with the Doors which have been fitted very poorly. The contractor has already been back 3 times to the doors and still they are not correct. We have had an indepdenent inspection by a third party on the doors. This report confirms the doors have been fitted poorly. We have written to the supplier and advised that we are not happy with the doors or the installation in general and as they have been out at lest 3 times with a view to correcting the substandard works and have failed to do so that we have no further confidence in them to carry out the necessary remedial works. We have asked for them to allow us to have the doors replaced by a third party however they refuse and say that we are not permitted to do this. We really do have no confidence in them. The whole of the works has been bad with them having to come back and forth to correct substandard works from the start. I was just wondering, where we stand if we have the doors replaced by someone else.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
We still owe the company £12,000.00 balance which we have retained pending the outcome of the dispute with the doors.
Customer: replied 1 year ago.
We were going to have the doors replaced by an alternative reputable company and deduct this from their balance but don't know if it is legal to do this.
Customer: replied 1 year ago.
Attached is actual report we had done. Now SRL are saying that the doors are CE marked. They have said nothing about anything else
Customer: replied 1 year ago.
Copy of email received today from SRL:Hi StefanThanks for your email and the engineers report.Engineers can be on site Thursday to carry out the re-fixing of the steel
doors.The steel doors and the roller shutters are CE marked so they are fit for
purpose I will send over all the details along with the operation manuals
(which I have already confirmed previously I would do if you required
them) and will send them by the end of the week.Please confirm we are able to attend.RegardsPaul
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Do you know how much it will cost to fix this please from someone else?
Customer: replied 1 year ago.
The doors originally cost £820+VAT each from the supplier. The replacement cost is £1000.00 each+VAT from an alternative supplier.
Expert:  Ash replied 1 year ago.
Do they need to be replaced or can they be repaired?
Customer: replied 1 year ago.
Now there is the debate. We do not believe the doors are of the quality that we were expecting. When we first asked for a quote, we asked for aluminium doors. They quoted for Steel doors. We are not happy with the quality of the doors.
Expert:  Ash replied 1 year ago.
Ok I have read the report but I dont think it says they should be replaced with aluminium ones?
Customer: replied 1 year ago.
No NO it doesn't. The report made no comment about that but we originally asked for Aluminium Doors and the supplier changed them to Steel of their own accord.
Expert:  Ash replied 1 year ago.
Ok - potentially this is breach of contract because you asked for aluminium and you got steel. What you can do is ask them to replace it at their cost with the ones you asked for.If they refuse then you can reasonably deduct the cost of replacement doors off the £12k you owe. As I understand it the new doors will be £1000 + VAT each so you can deduct this off what you owe.If that means they owe you a balance because its cost more than £12k then you could sue for breach of contract and claim that additional cost backBut if after deduction you owe them a balance you would have to pay that.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
In our original tender we asked for Aluminium Doors. This was clearly asked for. However the problem arises that when they actually quoted, they altered our request and substituted with Steel. This is on their quote back to us after our request to them. As we accepted the quote, would it be reasonable to assume that we have also accepted their substitution (which we did not pickup on at the time) or could this be argued?
Expert:  Ash replied 1 year ago.
Its an arguable point but you asked for Aluminium which clearly turns out not to be suitable.Ideally your expert should address this whether steel or aluminium is ok.But on the basis its not what you asked for, then you should be entitled to replace.Does that clarify?Alex
Customer: replied 1 year ago.
Hmm. I am still not confident. Maybe I will take you up on your conversation offer to further discuss. Are you free sometime tomorrow? If not what is the best time? Thanks.
Expert:  Ash replied 1 year ago.
I am free tomorrow. If you want the telephone call it is an additional service. Otherwise if I could invite you to rate my answer before you go, otherwise the site doesnt credit me for the time spent. Dont worry the question remains open and you can ask follow ups.
Customer: replied 1 year ago.
Oh I see that is an additional chargeable service on top of this. Strife. Ok. I suppose ultimatey the question is. Based on the suppliers constant failures to carry out works to standard and based on the fact that I have already allowed them to return approx. 4 times to correct the substandard works, which remains substandard, am I being unreasonable in advising the supplier that I have no confidence in them and not allowing them back on site to carry out further remedial works. If they were to take me to court for instance, if I went ahead and had someone else either repair or replace their work and charge them this, would the court be likely to rule in their favour or ours based on the circumstances which can of course be evidenced.
Customer: replied 1 year ago.
I do not want to act unreasonably but nor do I have confidence in the company to carry out the works correctly either. A dilemma and then I don't want to be ultimately told I have acted unreasonably by a court of law.
Expert:  Ash replied 1 year ago.
Indeed, I can see you have been reasonable by allowing them to come back on site. They have failed 4 times to do this. therefore I do not think you are being unreasonable by getting someone else in.You have on your side the expert report, but it just perhaps needs clarifying to the point about steel/aluminium.However my point remains above, if the cost of replacement is less than £12k, you owe the balance.If its more than £12k then you sue for the difference.Does that clarify?Alex
Customer: replied 1 year ago.
There are only 3 doors in question and the replacement cost is £3000+VAT. HOWEVER the expert report refers to the actual doors being "adequate" in construction however not fit for purpose only because they have not been certified to a particular standard which the supplier denies and says he is going to send paperwork through for the doors to prove different. Apparently the hardware fitted to the doors is not adequate nor is the substandard poor level of fitting. My worry is the supplier will now use the report to their advantage saying it says in the report that they are adequate in fact they have already hinted at this in their email to me so if we go ahead and have the doors replaced I believe I am going to be accused of acting unreasonably. I am sorry to go on but what I do not want to do is replace the doors (and they need doing quickly as they are not secure) and then them successfully sue me for acting unreasonably in replacing them. Sorry once again but I just want to be sure I am correct. In contrast to the report another supplier has recommended replacement however of course bias could come into play there as they have a gain to make in replacing the doors. I just want to be right that is all
Expert:  Ash replied 1 year ago.
Sure. Then you have a claim for £3000 plus VAT. If you only dont pay this, then even if they do take you to Court it would be a small claim as they deal with claims for £10,000 or below.So the total amount you are deducting would be £3600 from the £12k. But you should pay the balance.Does that help?Alex
Customer: replied 1 year ago.
Yes OK. So you do not believe I am acting unreasonably in having the doors changed then in your professional opinion?
Expert:  Ash replied 1 year ago.
No. I don't think so - it wasnt what you asked for and not really suitable. Its adequate but not what you wanted.Does that clarify?Alex
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Customer: replied 1 year ago.
Yes ok hehe thanks
Expert:  Ash replied 1 year ago.
Good luck. Alex