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ReadyLaw, Lawyer
Category: European Law
Satisfied Customers: 2580
Experience:  Bar Professional Training Course
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I need help with regards to completed work for a customer.

Customer Question

I need help with regards ***** ***** work for a customer. Customer paid in full. A third party has done further work to ours. Now the customer is pursuing my company and threatening legal action if we don't oblige to their demands. Where do we stand?
Submitted: 9 days ago.
Category: European Law
Expert:  ReadyLaw replied 9 days ago.

Hi, welcome to JA, I amCustomerone of legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation. I may not respond immediately, this is because I may need a few minutes to read what you shared above, type and respond to you. Feel free to ask any follow up questions as needed until you are satisfied.

Customer: replied 9 days ago.
Thank you.
Expert:  ReadyLaw replied 9 days ago.

What is the customer demanding of you? Kindly give me a bit more information as to what exactly is happening.

Customer: replied 9 days ago.
In short - we installed a resin floor for the customer. We had a third party help us with the install. Admittedly there were some issues along the way (product failure) but these were addressed and rectified. Customer then paid in full. This was at the beginning of Feb. Since then, the customer has had other trades in and this had highlighted further issues with the floor. The customer has contacted our friend, not us, to rectify said issues.Myself, nor my company, were consulted about new issues. The third party that helped us was called to help the customer. He has commenced some work and now both the third party and the customer are demanding over £1000 of product to reseal the flooring or they will begin legal proceedings. As the job was paid for in full and completed, we do not feel that we are liable. Especially now that a third party has commenced work and my company were not notified until the last couple of days.
Customer: replied 9 days ago.
For all we know, the other trades, the third party or even the customer damaged the floor. The third party has said they have sorted the new issues but they want the product from us for free. As new work has commenced, without consulting us prior, we feel that we are not liable for any work that has been started. I don't think we should have to oblige to these demands as my company were not consulted and weren't able to see these supposed new issues that have arisen.
Expert:  ReadyLaw replied 9 days ago.

Kindly give me a minute. I am reading what you have typed in order to provide you with a written response.

Customer: replied 9 days ago.
Take your time. I'm trying my best to make sense for you.
Expert:  ReadyLaw replied 9 days ago.

I thank you for your patience. I agree with the poster you have taken.

Ordinarily if work was done by you which was not done to an acceptable standard, that is, with reasonable skill and care, the customer would have had a recourse against your company by virtue of the Consumer Rights Act.

What the customer ought to have done was to come to you with respect to the issue and request for you to fix it. In this case, you are correct in saying it would be very difficult for the customer to prove that the fault that they are now speaking of is as a result of your poor workmanship. Further, the third party contractor would have no personal recourse as against you. You did not put them on the job neither did you enter into an agreement to pay them. Their cause of action would be as against the person who employed and/or contracted to them.

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 9 days ago.
OK thank you very much, just for clarification, the third party has stated that they've done work regarding the
new issue, so am I right in saying that this is now between the third party and the customer? The third party has stated that they've carried out work and now they are now in need of further product, am I now in a position to refuse further products and services to both the third party and the customer due to third party carrying out work outside of my company's contract with the customer.
Expert:  ReadyLaw replied 9 days ago.

Yes it would be between the third party and the customer not you. If at all you are liable, the customer would then have to bring legal action against you directly and not the third party.

Based on what you have said, I do not believe you are now liable to the customer.