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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Our daughter has having building work done on her house. The

Resolved Question:

Our daughter has having building work done on her house. The builder says he has almost finished but the snagging jobs have not been completed satisfactorly, in that the house is still far from livable. He says that he will give her the various guarantees once he has had the final retaner money. Can he do this? It includes roofing, gas cerifucatye and door and windows.
Submitted: 12 months ago.
Category: Law
Expert:  Ash replied 12 months ago.

Hello

Expert:  Ash replied 12 months ago.

My name is ***** ***** I will help you with this.

Did she sign any terms and conditions please? Alex

Customer: replied 12 months ago.
a standard JCT building contract
Expert:  Ash replied 12 months ago.

Ok - does it say there that the guarantees will only be released after payment?

Customer: replied 12 months ago.
we are reading it at moment will take a few minutes
Expert:  Ash replied 12 months ago.

Sure.

Customer: replied 12 months ago.
It says the contractor will give the customer any guarentees issued by the manu faures of products installed in the work.Nothing about gas certification.
Expert:  Ash replied 12 months ago.

Ok - then you can insist they are given now. The contractor has to rely on the terms and conditions.

Unless it says otherwise then the products can have the guarantees given once installed.

That is what the agreement says.

Can I clarify anything for you about this today please? Alex

Customer: replied 12 months ago.
What about certification of gas and electrical work?
Expert:  Ash replied 12 months ago.

Unless the contact says otherwise they can be requested now.

Only if the contract says they can be held, can they.

Otherwise if the contract does not say they are released after payment, then the contractor cant refuse to give them up

Does that clarify? Alex

Customer: replied 12 months ago.
thank you. Do we have to give him the retainer If he does not complete all the snagging to a satisfactory standard? We have had a surveyor check the building work and it is going to it is going to cost upwards of 15K to put right. She did agree a snagging list really just to get him out, but the work is still; not completed satisfactorily.The borough building inspector will not pass the work.
Expert:  Ash replied 12 months ago.

No, it needs to be done with all reasonable skill and care. If the surveyor says that it is not or the building inspector fails it - then you do not.

He would in that case be in breach of contract.

Does that clarify? Alex

Customer: replied 12 months ago.
Thank you
Expert:  Ash replied 12 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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