Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Why did the project not run according to schedule?
Hello, sorry I was offline by the time you had replied.
When a person 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)
· Finished within a reasonable time (unless a specific time frame has been agreed)
· Provided at a reasonable cost (unless a specific price has been agreed)
In addition, any information exchanged in communications between the parties, whether written or verbal, is binding if the consumer relies on it. This will include quotations and any promises about timescales or the results to be achieved.
If there are problems with any of the above, the customer will have certain rights:
1. Substandard work - the trader should either redo the parts of the work which are inadequate or perform the whole service again at no extra cost to the customer. This must be done within a reasonable time and without causing significant inconvenience. If this is not possible, you can claim a price reduction, based on the severity of the issues. If they simply refuse to resolve the issues, you can consider getting someone else to rectify the issues and either deduct these costs from the total owed to the original trader, or pursue them for any extra costs that have been incurred.
2. Delays – if the work has substantially gone over the agreed schedule or not been performed within a reasonable time, you can also ask for a price reduction to cover any financial losses or inconvenience caused as a result. If the work is incomplete and they refuse to work to the agreed schedules it is possible to get someone else to finish it off and charge the original trader for these additional costs.
3. Cost disputes – sometimes traders can ask for additional money either during or at the end of the work. This is why it is preferable to have a written agreement in place, setting out what price was agreed and what for, so that you can both refer back to it. Any price variations for extra or amended work should have been agreed in writing before the work was done. If you knew that this extra work was being carried out and let the trader continue then a reasonable price would need to be negotiated for it as it may not be possible to completely refuse to compensate them for it. This should however, prevent them from charging for work which was not agreed or communicated.
So these are the options you can consider taking this matter further for.
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