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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Patio doors installed 20-30 cm above floor level

Resolved Question:

Hi I've just had patio doors installed that are 20-30 cm above the floor. I had forgotten to 'specify' that the doors should be floor level (like the adjacent kitchen door that was supplied), having assumed that patio doors by definition should be floor level. They used the existing gap in the wall which was 10-15 cm above floor level. In addition, the patio doors installed now open up to half of a step outside. I believe that as professional contractors, they should have at least raised the question of whether I wanted the doors floor level. They are now demanding extra payment to install doors that are floor level. Do I have to pay the extra £500 or should I demand that they do it for the original fee? There is £1000 outstanding on the payment to the contractor for the patio door.

Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Have you had a second opinion on whether the doors as made, are correct?

Customer:

No I have had no second opinion. What would 'correct' doors be?

Alex Watts :

I would get a second opinion from someone else to see if that error would or should have been one that was picked up.

Customer:

As far as I can tell there is nothing the matter with the doors they have fitted, apart from the fact they sit 20 cm above floor level.

Alex Watts :

If it is then you have a stronger case.

Alex Watts :

If they replaced the doors and failed to do it the same then they are at fault

Customer:

But is it an error that I was responsible for predicting, or that they should have picked up on?

Alex Watts :

You need to write and set out your losses and request the do the work or suffer the cost within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

They are in breach of contract by failing to act with all reasonable skill and care as per section 13 of the Sale and Supply of Goods and Services Act 1982

Alex Watts :

If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

You are asking the court for an order that they make the correct doors

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

They replaced existing patio doors, but I asked the brickwork on either side of a T-shaped window with a door in the middle, to be removed to make it "all level". They did remove the brickwork on either side, but left a 15-cm step up from the floor, as the middle of the gap had been originally.

Alex Watts :

ok

Customer:

I had expected them to raze everything to the floor, like other standard patio doors.

Customer:

So I have to step carefully over the lower edge of the patio door onto the patio outside.

Alex Watts :

Ok -can you see my replies above about what to do next?

Customer:

Yes, you are suggesting that I am at fault because they effectively did it the same (even though the original gap was not really a full patio door).

Customer:

But I will follow the steps you advice, thank you for your time!

Alex Watts :

No, I did not suggest you are at fault. I am saying THEY failed to act with all reasonable skill and care.

Alex Watts :

Does that help?

Customer:

OK great, thanks - that's good wording to use for my letter.

Alex Watts :

Great. Can I help with anything else?

Customer:

No - that's brill - thanks for getting back to me. You've put my mind at rest at least for the next steps, so now I can focus on my day job again. Bye for now :)

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