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JGM, Solicitor
Category: Law
Satisfied Customers: 12082
Experience:  30 years as a practising solicitor.
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9 months ago our house was flooded the insurance company appointed

Customer Question

9 months ago our house was flooded the insurance company appointed a loss adjuster and quantity surveyor.a tender was produced for the repair works and it was awarded to a building company.we have had issues with the quality of he work from this company who should have completed the work back in February but we are still chasing for completion.they have carried out snagging work on the same issues twice now and we are still not satisfied.the main issue is the installation of an engineered oak floor that has gaps throughout, the building company said that this was a manufacturing issue and got the supplier to visit our home to investigate and produce a report which we are still waiting on this was back in April.The building company have offered to refit the same type floor which I don't want to accept as they said the issue with the install was the question is do I need to agree to them refitting the floor for the 3rd time and fixing the other works that they have also tried twice before or can I instruct an alternative supplier to do this and send them the costs?
Submitted: 4 years ago.
Category: Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Who signed the acceptance of tender with the building company? Was it you or the insurers?

Have you reported this to your insurers? If so, what have they said?

Have the building company been paid? If so by whom?
Customer: replied 4 years ago.

I was asked to sign the contract with the building company before work started which I have signed.the work carries a 12 month guarantee under the terms of the contract.

i have been in contact with the insurers and they just put me in contact with the loss adjuster who is not the easiest person to get hold of.

The loss adjuster has processed the payment to the building company which I believe was around 30 thousand pounds.

i have a meeting tomorrow with the building company director at my home and I would like to know where I stand with regards to allowing them back into my home they have tried to fix the outstanding issues with the floor twice and it's still no better which they agree with.The floor is only one of the issues there are other major problem one being the plaster work on the living room ceiling that they have also painted twice but advice from another decorator was that the paint was not the issue it was the plaster work

Expert:  JGM replied 4 years ago.
You have to give them a reasonable opportunity to fix the problems. In my opinion you have already given them that opportunity and they have failed to fix the problems. They are in breach of contract. You are entitled to get the work done elsewhere. You will have to pay for it and claim it back from the builder.