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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just employed a builder to replace my roof. Part of

Resolved Question:

I have just employed a builder to replace my roof. Part of the contract includes 1. removal of site debris and 2. provision of a 15 year guarantee. After doing the roof he has left the skip and other materials and will not remove the scaffolding until I pay him which he says is overdue as the terms of trade (not revealed until now) are payment within 7 days. I believe he has breached the contract and I am within my rights to refuse to pay until points 1 and 2 and scaffolding removal is done. Am I right?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello. Y name is ***** ***** I will help you.
What does the contract say about it please?
Customer: replied 2 years ago.
I'm sorry, your question is not clear. I have listed the two things that the contract says about the issue in my original question.Things have in any case, now moved on. Today they removed the scaffolding after my remonstrance and it revealed that the fascia boards (boards that are used to attach the gutters) are not all in black, with about half in brown! So it appears the REAL reason he refused to remove the scaffolding before being paid was that it CONCEALED the fascias. Isn't this tantamount to fraud? Since fraud is a crime, should I contact the police?
Customer: replied 2 years ago.
BTW, the contract says that part of the deal is to install scaffolding, but doesn't mention removal, although would have been absurd for him to ask for further payment to remove it. In any case, he has not done so, and has removed the scaffolding, but I am waiting for the holes in the brickwork that this removal has left to be pointed (filled in with mortar).
Expert:  Ash replied 2 years ago.
The Police wont be interested as this is a civil matter. It is breach of contract as goods are not as you have requested. So they are in breach of the Sale of Goods Act and also Section 13 of the Sale and Supply of Goods and Services Act 1982 by failing to act with all reasonable skill and care.
But sadly the Police will not want to investigate. However you should also complain to Trading Standards as they may well investigate and prosecute.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Thanks for your reply. I need however, to know that withholding payment until all the conditions of the contract are satisfied is lawful. Please confirm. Also, if he now refuses to remove the skip, can I get another builder to do so and deduct his charge from the roofer's original agreed payment?
Expert:  Ash replied 2 years ago.
Yes. He is in breach of contract. If he refuses to do the work then you can charge him for the work, less amount already held back, so the difference in cost.
Does that help?
Alex
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