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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48745
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am in dispute with a building contractor who wishes to

Resolved Question:

I am in dispute with a building contractor who wishes to invoice me for work that is incomplete. I have drafted a letter of response which I could copy or send that gives the position as I see it
Assistant: Where are you located? It matters because laws vary by location.
Customer: Huntingdon England
Assistant: Has anything been filed or reported?
Customer: No
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: no
Submitted: 20 days ago.
Category: Law
Expert:  Ben Jones replied 20 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 20 days ago.

Is he prepared to complete the work at all and if not, what reason has he provided for not wanting to do so?

Customer: replied 20 days ago.
No he has walked off site. He believes he was fixing cladding correctly but we have evidence that it was not fixed according to the manufacturers instructions. He is now invoicing me for his time and the cladding which is not reusable as it is now damaged
Expert:  Ben Jones replied 20 days ago.

OK, thank you for your response and for the phone call request. I am unable to talk at this present time, however leave it with me for now and I will review the relevant information and laws 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. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 20 days ago.

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 the trader has not met the above criteria or has not adhered to what was initially agreed, then you, as the customer, would not automatically have to pay them. In the event of substandard work, as is the case here, 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.

Until the work is complete to a reasonable standard or as required, you do not have to pay them, although they could request payment for any materials which they would have to use to complete the job. However, the labour costs will not have to be paid unless the work was completed to a satisfactory standard.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 20 days ago.
Thank you for you prompt reply. I will consider this over the next couple of days and will make contact if I have any follow up questions. As first reading this is all very helpful,
Expert:  Ben Jones replied 19 days ago.

no problem and all the best for now