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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello,We are management company specialised in building

Customer Question

Hello, We are management company specialised in industry, mostly residential area. We completed the project in xxxxx xxxx However some work was not finished because the customer wanted us out and come back 1 month later ( after Christmas) to complete it. Unfortunately the customer changed his mind because he lost confidence in the builder’s skills and decided to get 3 separate quotes from other builders and then after selecting one he requested the difference to be paid to him. We agreed even if it was not beneficial for us because we preferred to do this job by ourselves. After almost 1 year of negotiations we decided to sign an agreement. The question is about this agreement. Customer agreed to sign it but he said that his lawyer advised him that this agreement is unenforceable. We reserved the right to not hold any liability once this agreement is signed but the customer said that this point is in fact unenforceable. Can you please tell us if he is right? If so then he might chase us through the court after signing this agreement which is pointless at the end. AGREEMENT DATED xxxx xxxxx xxxx (1)xxxxx (2) xxxxxx (3) xxxxxxxxxx  AGREEMENT THIS AGREEMENT is made the xxxx xxxxxx xxx BETWEEN: (1) xxxxxxxx , a company registered in the UK xxxxxx xxxx  whose registered office is at xxxxx xxxxx xxx  (hereinafter referred to as “the Company”); and (2) xxxx xxxxxx , the  living at xxxxxx xxxxxx(hereinafter referred to as “the xxxxxxxxx ”); and (3) xxxxx xxxxx  (hereinafter referred to as “the Client”) (1) , (2) And (3) hereinafter referred as ‘the Parties’ IT IS AGREED as follows: 1. Costs and Expenses and Compensation 1. The Client will receive from the Company £3278.82 and will be allowed to keep the remaining amount of £3,096.25 owed to the xxxxxxxxxx. The company will also arrange roof repair for the rear extension and will cover the cost of this repair. 2. The remaining amount of £3,096.25 and additional £3278.82 is to cover all and every costs and expenses incurred by the Client for any remedial works undertaken or to be undertaken in connection with any work performed by the Company and the xxxxxx xxxxx  under the said contract at the above address and to cover costs of any unfinished works that were a part of the entire project. 3. The amount of £3278.82 has been agreed by the Parties during negotiations with due reference to the Client’s information provided between xxxxxx xxxxx and xxxxxx xxxxx  and having regard to the outstanding payment for the xxxxxx xxxxxx by the Client. 4. The above payment is made with exclusion of liability for all work managed by the Company. 5. The Company hereby expressly reserves that they will not accept any liability for any other/further costs and expenses or other/further expenditures by the Client related to or resulted from the works and/or to or from any other works performed by the Company under the aforementioned contract. This is hereby acknowledged by the Client. 6. The payment will be made by the Company to the Client within 14 days from signing this agreement by all parties. 2. Rescission of Right to Make Claim The parties will not pursue or bring any claim in any xxxxx xxxxxx  against each other in relation to the contract made between the parties on xxxxx xxxxxx  x. Confidentiality The Parties shall not disclose to any person, company, business entity or other organisation whatsoever any of the terms or the details of this Agreement. 4. Guarantee The Company does not provide any guarantee for the work. The xxxxx xxxxxxx  provides guarantee according to the guarantee certificate. 5. Severability The various provisions and sub-provisions of this Agreement and the attached Schedule are severable, and if any provision or sub-provision or identifiable part thereof is held to be invalid or unenforceable by any court of competent jurisdiction then such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions or sub-provisions or identifiable parts. 6. Governing Law This Agreement shall be governed by and construed in accordance with the laws of xxxx xxxxx . IN WITNESS WHEREOF this Agreement has been duly executed as of the day and year first written above. SIGNED by (1) xxxxxxxxx For and on behalf of xxxxxxxxx  ---------------------------------------------------------------- SIGNED by (2) Mr xxxxx xxxxx ------------------------------------------------------------------------- SIGNED by (3) Mr  xxxxx xxxxx --------------------------------------------------------------------------

Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 3 years ago.

I can wait for 2 more days

Expert:  Nicola-mod replied 3 years ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  Ash replied 3 years ago.
Hello my name is ***** ***** I will help you with this.
On what basis are they saying it can not be enforced?
Customer: replied 3 years ago.


Sorry for a late reply but I was away.

Let me quickly describe how it was.

We started the building project for this customer as a xxxxx xxxxxxx. The project was about extension, structural work, kitchen and bathroom. We hired xxxxx xxxxxx to do this work under our supervision. There was only one contract between us and the customer ( no signature from the xxxx xxxxx). The customer was paying separately to us and separately to the xxxx xxxxx. We also notified the customer that we are not providing any guarantee, however xxxx xxxxxx offered 1 year guarantee but the customer is not happy that it is not from the xxxxx xxxxxx

We had around 3 weeks of delay to complete the project. 1 week before completion the customer asked us to leave the site for few weeks because of the Christmas time and come back at the beginning of the new year. However the customer changed his mind and did not want the xxxxx xxxxxx to complete the remaining work. Generally the customer can't do it but we offered him two options. First option was to let the xxxxx xxxx finish the work and other option was to let him get other contractor to complete it and we would pay him anything he had to pay to the new contractor. The customer obtained 3 quotes, selected the contractor and showed us the price. Even if we were still entitled to complete this job we honoured his decision and agreed to pay him the difference but only if he will sign an Agreement.

He tried to change this agreement many times but we did not let him. At the end he agreed to sign it but informed us that our reservation of liability is unenforceable .

This is exactly what he wrote: ''I am minded to sign the agreement, but I should add that your reservation of liability is in fact unenforceable, this is on the advice of a contract lawyer, but if you are happy to proceed then fine. ''

If it is in fact unenforceable then there is no point to sign it. We could have simply insist to complete the job by ourselves.

Please let me know it the customer is right about this.

Kind Regards,


Expert:  Ash replied 3 years ago.
I can say that the clause does NOT make the agreement unenforceable; Even if it did the Court is only likely to mean that particular clause can not be enforced and the rest of the agreement is made.
However in law what can you can not do is exclude your obligations under the Sale of Goods Act and Sale and Supply of Goods and Services Act. That is goods must be as described, fit for purpose and you must act with all reasonable skill and care.
So whilst you can have exclusions, you can not exclude your obligations under law.
But in any event that does not make the agreement unenforceable.
Can I clarify anything for you about this today please?
Expert:  Ash replied 3 years ago.
If this answers your question could I invite you rate my answer before you leave today.
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