Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Is he still returning to work on the project or has he failed to do so recently?
Thank you. 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.
So if the delays are now becoming unreasonable and beyond what was initially agreed, with no apparent end in sight, you can consider taking this further. You can for example give them a final chance to resolve this within a specified (and reasonable deadline) failing which you can terminate their services and get someone else to finish the work, charging the original builders for the extra you had to pay to do this.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to progress 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
It is a public forum but so far I cannot see anything to identify you or the builder so it should not be an issue, f course do not post anything you do not want others to see
Everything needs to be in the 'open' so to speak, at least whilst we converse, then once we have finished I can lock the question for privacy if needed
In order to resolve any problems that have arisen, it is generally recommended that you follow these steps:
1. Collect all documents relating to the work (e.g. estimate, contract, correspondence, etc.).
2. Contact the trader and explain your problem. Ask them to return to fix the issues and set a reasonable time limit for them to respond (7 days is reasonable).
3. In the meantime find out if the trader is a member of a trade association with a mediation service that can help resolve your complaint.
4. If the matter is still not resolved, write to the trader repeating your complaint and how you would like them to resolve the issues. Say you are giving them a final time limit of 7 days to resolve the problem or you will have to consider taking legal proceedings to recover your losses.
5. If the trader fails to respond or refuses to resolve the problem, you could potentially get a different trader to complete the work and consider suing the original trader for all or part of these extra costs. Remember that court is your last resort, however it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position.
6. Finally, make sure that you send all correspondence by recorded delivery and keep copies.
If you wish to take the matter further and issue legal proceedings, assuming you will just be claiming financial compensation, you may issue your claim via the Court’s online portal at www.moneyclaim.gov.uk.
I certainly recommend that you outline your plans to the current builder when giving them a final chance to resolve this, so be clear that your next step would be to engage someone else. After that it is indeed the moneyclaim route to pursue the compensation for the difference in price for getting someone else to finish the work.
An email is absolutely fine