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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have completed some works on a customers kitchen, (sprayed

Resolved Question:

I have completed some works on a customers kitchen, (sprayed the units) The customer is not happy with the work and have not paid me,
is it down to me to spray it again or can I walk away ?
even though I have laid out for materials.
the customer wants me to put it right. but not for me to do it. (use a company to-do it).
at cost to me.
can he sue me for bad workmanship ?
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months 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 7 months ago.

How long ago did you do the work? Also, did you have an agreement in writing to carry out this work?

Customer: replied 7 months ago.
the work was done 2 weeks ago,
I sent a email as confirmation for the cost of the work and start date.
Expert:  Ben Jones replied 7 months ago.

OK, thank you for your response. 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 as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 7 months ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

When a consumer enters 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);

If there are problems with the standard of work, or any of the above, they 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 them. This must be done within a reasonable time and without causing them significant inconvenience.

2. If redoing the work is impossible or cannot be done within a reasonable time or without causing significant inconvenience, they 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, they may be entitled to claim the cost of remedial work by another trader.

So they should not automatically ask for someone else to do it, especially if it is going to cost more. They should try and allow you to remedy the work if at all possible, however if you refuse to do so then they can get someone else and charge you for these extra costs. Whether they can do this will depend on the standard of the initial work and whether it would be considered to have been below the reasonable standard expected of a professional in your position.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have should the customer decide to take this 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45339
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 7 months ago.
The customer dose not want me to rectify any problems with the kitchen, because the doors and panels would need spraying off site, but at the same time I have no premises to do it
What is my rights if I where to walk away?.
What's my rights If he was to take if further ? He said he will be looking to claim from my company. Surface Maintenance Ltd.
Expert:  Ben Jones replied 7 months ago.

Thank you. If you were to walk away and not have completed the work to a reasonable standard then as mentioned he could try and pursue you for a price reduction for the completed work or to try and get back the costs he had incurred by getting someone else to remedy the issues.

If he is going to claim against the limited company then it will be responsible for this as a company, meaning you personally will have no liability.

To take the matter further they will have to issue a claim in the county court – that is the only way they can force you to pay anything. If the claim is for less than £10k then it will go to the small claims court, which is the preferred venue as it is aimed at resolving such disputes and the potential liabilities are limited. What I mean by this is that if they were to make a claim and win, you will not be responsible for their legal costs, such as if they had hired a lawyer to represent them. So you will only have to pay for the value of the claim which the judge thinks is fair and reasonable and also the court costs, which will be a few hundred most likely.

All of this is on the basis that they actually go as far as making a formal claim, which of course there is no guarantee they will do.

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