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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44896
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Client makes an enquire to a building company and service.

Customer Question

Client makes an enquire to a building company for goods and service. The builder prepares a quotation for goods and service. The client reviews the quotation the client and builder agree the final scope of work and materials. The builder amends the quotation, the client formally accepts the revised quotation. The builder sends through an acceptance notification, which details the agreed quotation, fully detailing the goods and services to be provided and payment method for the works. All agreed, initial payment made by the client to kick start the works. Works were undertaken on site, however the works were not completed, as scheduled in the quotation. Following a conversation with the builder, he agreed to return and complete the works, however he then sent e-mails stating he couldn't undertake the works as there were issues. He could not provide the materials, in the quotation. We agreed an alternative then he came back and said he couldn't provide this, then stated the original materials listed in the quotation, were not the materials he had priced and was to supply. Then he sent me an e-mail, with four options, enhanced materials at my cost, or remove this from the scope and I undertake the works locally. The confusion for me is that he, designed the works, agreed the materials, then could not provide the materials, offered alternatives, denied that was in his scope, then sent me a mail stating the works were priced on different materials and that I changed the materials post our agreement. Very miss-understanding. To try and finalise bring the works to a satisfactory agreement. I sent a mail, confirming agreement to remove that element of works from his scope and undertake myself. I then offered payment on the balance. He has responded stating I am trying to avoid payment, unless I pay his value he will come and remove the works. He states he can under his terms and conditions, which I have not seen. Also he is valuing the works with materials not on the agreed quotation. Can he enter my property without a court notice, what options are available to me.
Submitted: 5 months ago.
Category: Law
Expert:  Ben Jones replied 5 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 5 months ago.

Please can you confirm if this is currently ongoing?

Expert:  Ben Jones replied 5 months ago.

Also, what would be the ideal outcome for you in this situation?

Customer: replied 5 months ago.
Customer: replied 5 months ago.
agree a fair settlement I will complete the works, agree the original scope
Expert:  Ben Jones replied 5 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 5 months ago.

Many 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.

In terms of the builder trying to enter your property without your consent a court order they cannot do so. If they do they will be trespassing and you can advise them of this.

This is your basic legal position. I have more detailed advice for you in terms of the steps you can follow in order to try and pursue 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

Expert:  Ben Jones replied 4 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 4 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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