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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3472
Experience:  Solicitors 2 years plus PQE
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Construction law, We completed a refurbishment project in

Customer Question

construction law
JA: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: We completed a refurbishment project in April 2014 and have just received a letter detailing that there are some issues with some of the works undertaken. This is now 26 months ago, a usual defect period is 12 months. I would like to know where i stand on the issue?
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Submitted: 3 months ago.
Category: Law
Expert:  Alex J. replied 3 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Is the customer alleging that the defects were caused by workmanship issues? Failure to use reasonable care and skill? Kind regards AJ

Customer: replied 3 months ago.
We were the main contractor on the project and used sub contractors to carry out the works.There was an issue with the flooring to which we had some return and rectify and then never heard anything back from the customer.
Customer: replied 3 months ago.
The final correspondence from the client was 19months ago and the project finished 26 months ago. Usually a 12month defect period is the maximum time we deal any issues.
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. Technically speaking if you are in breach of contract then the customer can pursue you for such a breach for a period of up to 6 years from when the works were completed. Under the Supply of Goods and Services Act 1982 - there is an implied term that services are carried out with reasonable care and skill - breach this would create a contractual claim. In theory the customer could pursue you for the claim, but they would have to prove you were in breach of contract - have they actually proved your workmanship is the issue? Kind regards AJ

Customer: replied 3 months ago.
We never had an agreed/signed contract, does that make a difference?
They have had an independent company assess the works and they have stated further works need to be carried out.
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. A contract does not need to be written, it can be verbal - the fact that you provided services for remuneration means you have a contract with the customer. Have they shown you details of the independent assessment?

Customer: replied 3 months ago.
Customer: replied 3 months ago.
what do you advise? Pay the bill for the new flooring?
Customer: replied 3 months ago.
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. Your options are:

(i) Ignore them and refuse to pay. Doing this you acknowledge there is a risk they could try and sue you for the cost - they will use the expert report to prove you did not lay the floor correctly;

(ii) pay the money and try and recover it from the subcontractor that laid it.

(iii) Negotiate with them. Go and inspect the floor yourself and confirm for yourself whether you caused the issue through the workmanship.

Is it possible the flooring is faulty?

Customer: replied 3 months ago.
Would my Public Liability insurance cover this?
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. I am not sure Public Liability Insurance would cover this. Do you have professional indemnity insurance? I would check the policy first however. Kind regards AJ

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