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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10917
Experience:  30 years as a practising solicitor.
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I had a builder do a glass veranda on our terrace. We

Customer Question

I had a builder do a glass veranda on our terrace. We highlighted a few snags for him to sort however he now is threatening to dismantle and take the veranda back and then bill us for storage and dismantling. Glasgow based.
Submitted: 9 months ago.
Category: Scots Law
Expert:  JGM replied 9 months ago.

Why is he threatening to do this?

Customer: replied 9 months ago.
Because we refuse to make the final payment until all is sorted.
Customer: replied 9 months ago.
Scots Law, incidentally.
Expert:  JGM replied 9 months ago.

I am a solicitor in Glasgow.

He cant take the veranda back. It now belongs to you as it's attached to your house. If he refuses to do the snagging then you get another contractor to do it and deduct the cost from the amount of the final payment and you remit that to the builder only after the remedial work are done.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10917
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 9 months ago.
Would it be a criminal act or a civil one if he removed the veranda?
Customer: replied 9 months ago.
There is a clause in the terms and conditions which say that ownership only passes once full monies have been received. Does this make any difference, or does the law over-ride this clause?
Expert:  JGM replied 9 months ago.
That type of clause generally works with moveable goods but not with materials that have been attached to a building. It would be both a civil and criminal issue if he started tampering with your building.
Customer: replied 9 months ago.
Can you give me your name and the firm that you work for? I may wish to make an appointment.
Expert:  JGM replied 9 months ago.

I'm afraid JustAnswer doesn't allow expert solicitors on its site to take on customers as clients but you can ask the Law Society to recommend someone in your area to help you. www.lawscot.org.uk for contact details.

Customer: replied 9 months ago.
What do I do now ? Do I give them an indefinite period in which to sort the defects ? Or, do I send a letter , or have Trading Standards send a 14 day letter ? Are they then duty bound to fix defects within that time ? Trading Standards are implying that there is no fixed time that they must rectify. Just a 'reasonable time'. There is too much ambiguity in this for my liking. Please clarify .
Expert:  JGM replied 9 months ago.

Reasonable time is correct as a matter of law. However, reasonable in this instance could easily be argued as 14 days. Send them a letter saying that if the defects aren't fixed within 14 days, you will be terminating the contract, getting another contractor to do the outstanding work and deducting that from the sum sought by them as well as an amount for inconvenience and additional time spent.

Customer: replied 9 months ago.
Thanks. Will do. Can you recommend a sole practitioner in the Ayrshire area who is good at this type of dispute, should I need one further down the line?
Expert:  JGM replied 9 months ago.

I'm not allowed to recommend specific solicitors but in my experience the solicitors firms in Kilmarnock that do civil court work are more than competent for this kind of work.

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