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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48176
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have had a conservatory built. it should have taken 2 weeks

Customer Question

I have had a conservatory built. it should have taken 2 weeks in accordnce with my contract however it has taken 3 months due to incompetency of builders and surveyors dimension measurements. i have asked for compensation but have been told no reduction will be given. do i have a case to take this to court and claim compensation?
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.
Expert:  Ben Jones replied 1 year ago.
Please can you tell me if you signed a contract?
Customer: replied 1 year ago.
yes i did
Expert:  Ben Jones replied 1 year ago.
Ok, thank you for your response. If you can tell me what the terms are, I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message again, after you have provided the information, as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Customer: replied 1 year ago.
Contract states 2 men 2 days for base work. 2 men 2 days for framework. original start date 25th Jan finish date 3rd Feb. due to unforeseen circumstances start date was pushed back to 8th Feb. builders arrived and were incompetent as base was built incorrect and not to specifications or building regs. had to wait another 2 weeks for new builders to come and correct. another week later installers for frames arrived and found certain parts had wrong measurements given from surveyor of company installing. had to wait another 2 weeks for new parts. then due to breakages had to wait another 2 weeks for completion only to find not completed. another 3 weeks later another engineer on site to complete. finally completed on 3rd May. contract states that conservatory will be built in time frame not withstanding circumstances out of thier control. i say incompetent builders with no supervision or guidance is within the companies control. and surveyor not providing correct measurements within the companies control?
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. 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 in your case you have asked for a price reduction. You cannot force them to issue one and whether you can go to court over this will depend on what losses, if any have been suffered as a result, or how serious an inconvenience was caused by this. Please note that inconvenience is not just the usual issues you have with having building work done or workmen around, it has to be quite serious, such as not being able to use essential parts of the house, serious disruption to utilities, etc. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to try and resolve this or even take it further, 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
many thanks. So due to the fact that my old conservatory had been removed and for 2 weeks my house would be vulnerable due to no conservatory, this was acceptable as i had taken time off work to accomodate this. However due to the fact that this had subsequently extended to 3 months in total my house had no security at the back and there fore vulnerable as my insurance would not pay out had i had intruders. also due to the fact i had no security i was forced to ensure my house was occupied for the duration of 3 months and i had to sleep downstairs to ensure my house stayed secure. Does this count as serious enough?
Expert:  Ben Jones replied 1 year ago.
You see the issue here is all to do with if's and but's - so let's say you were burgled and your insurer would not pay out, then you can pursue them for such losses, but a general potential loss is not a loss which you have suffered which is where you may have difficulty getting compensated. Still, you can try the following: whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Customer: replied 1 year ago.
that is very helpful thankyou.
Expert:  Ben Jones replied 1 year ago.
You are most welcome, all the best