How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11144
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

I was looking for a builder / gardener and contacted an

Resolved Question:

For Ben Jones
I was looking for a builder / gardener and contacted an agent who advertised as using qualified trades people covering all trades, professional, fully qualified trades people and fully insured.
A man came and I was happy with his quote. I had to stop him on two occasionsas the work ( laying slabs and making steps) was not even. He assured me to wait until it was completed.
It is a complete and utter disaster, nothing is level. There is a ramp "as the lay of the land didn't allow for steps" the ramp has about a 1foot drop into the garden hut! and the edgings are all breaking away. I eventually called a halt about two weeks ago.
My husband is terminally ill and this was meant to be an easy access to the garden, it is definitely not fit for purpose.
I paid this man £4000. And have been quoted over £6000 to have it rectified.
The agent is now saying it has nothing to with him although it was his business card that advertised these professional trades people.
Many thanks
Patricia Leiper
Submitted: 9 months ago.
Category: Scots Law
Expert:  Ben Jones replied 9 months ago.

Hello, thanks for requesting me - unfortunately this is a question which is not within my area of law as you are in Scotland. I will open to it to all other experts and someone will hopefully pick it up soon. Please do not reply to this as it will just lock the question back to me. Many thanks

Expert:  JGM replied 9 months ago.

Thank you for your question. Under Scots law an agent is only responsible for the work done by a principal if the agent doesn't disclose who the principal is. Assuming you know the identity of the party who carried out the work, your case is against that party and not the agent. The only exception to the that is where the agent was not an agent but was the party's employer. So I think from your narrative you will have to claim against the builder. Alternatively if you weren't told who he was and didn't know who he was and the quote wasn't in writing from him, you would have a claim against the agent. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 9 months ago.
Thanks to you I now know how to proceed.
Expert:  JGM replied 9 months ago.

You're welcome. Don't forget to leave a positive rating on the system so that I am credited for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11144
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you