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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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HiWe have been supplied two qualified joiners by an agency,

Customer Question

Hi
We have been supplied two qualified joiners by an agency, we have found that they have done very bad workmanship on our job that we are on, we showed them what to do and gave them materials required, work was very basic, we watched them and was pleased with the way they did the work, leaving them to carry on.
We did a measure and noticed they had cut corners that floor is now finished,fully decorated. I think this may be picked up at a later date, it's not the only work they have done there are other floors.
I have asked the agency for insurance for them and they are not insured.
I am withholding payment from the agency because this could cost us a lot of money in the future we are liable for 12 months.
Am I in the wrong?
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.
What specificially is wrong with the work?
Customer: replied 8 months ago.
We supplied fixings along with glue ( mitre mate) silicone to fit skirtings back also for architrave around doors, we noticed a noise when walking past ( rattles ) some skirting after taking it off no silicone or glue had been used, we dearnt pull any more work off as the floors have been completed, we are unsure of how much they have cut corners with other work with out taking it all off the walls etc.
We think it will be picked up in the 12 months liable period once people are at work going about daily duties, on work that has been completed correctly the public do tend to bang into doorways, walls, door furniture and so on and if something falls off the job will be gone over with a fine tooth comb especially if it's not been fixed properly, they will have us back taking off replacing the material, refixing and then decorating but as the job is near hand over we cannot go around destroying looking for other things they haven't completed.
Expert:  Jo C. replied 8 months ago.
OK. What is their explanatoin for this?
Customer: replied 8 months ago.
We notified the agency last Friday I think it was ( we have had them for a total of 5 weeks) they left 2 weeks ago They did say they would send the joiners back to rectify the work, that's an impossibility and I don't think they will tell us exactly what they have done.
The agency say they just want there money, they don't seem to be bothered that they have supplied us with two sub contract ( joiners, not ) from another company with no insurance, bad workmanship that's going to cost us in money and if their work is picked up will leave us with a bad reputation that we've spend years building.
Expert:  Jo C. replied 8 months ago.
Have you allowed them access to put this right?
Customer: replied 8 months ago.
No the floor where we found the skirting rattling we corrected it our selves we sent the agency pictures of what they had done, the other floors are complete and cannot be worked on.
Customer: replied 8 months ago.
The Joiners that have done this work are not bothered and I would not trust them again, we paid them hourly not on what they did, so we expected good work, there was no reason to cut corners, the agency cannot do the work and would not be legally allowed on site.
Expert:  Jo C. replied 8 months ago.
They are entitled to a reasonable attempt to ascertain whether any fault does exist and repair it if it does. Denying them access would negate your consumer protection. It is difficult to tell whether or not there is an issue here essentially because your complaint seems to be that the workmanship was bad which is not the same thing at all as being able to show that a fault exists. If there are faults then clearly they are liable under the warranty and also under the statute. If it is just that you are displeased with the work then that may not be actionable unless the contract said satisfaction guaranteed. I'm afraid that they are entitled to be paid for the work that they have done. It might be that you can justify instructing another to repair the work but you have to give them a reasonable opportunity to put this right. If you continue to withhold funds and deny them access then they will sue and is they will win. Can I clarify anything for you? Jo
Customer: replied 8 months ago.
Having found faulty work done by the joiners do we have to have the same joiners back ? And would we be able to hold onto the money until they have completed the faults.
Expert:  Jo C. replied 8 months ago.
You can sometimes refuse to have the same tradesmen but you don't really have grounds here.You don't have a legal right to withhold funds but they would probably just attend and put the faults right.
Customer: replied 8 months ago.
If they don't complete we have no leverage,
Expert:  Jo C. replied 8 months ago.
No, but you don't really anyway. They could just sue and they will win.If actual faults do arise later then you could sue.
Customer: replied 8 months ago.
Catch 22 I think, thank you Joe, if they want to take us to court for money owed, because I'm going to have the faulty work done, sorry I feel they won't do it otherwise, about how long have I got before they can take me to court, there money is due tomorrow
Expert:  Jo C. replied 8 months ago.
It depends what you agreed about payment. If there was no conversation on that point then usually a court will infer a month.It probably won't come to that though.

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