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tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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We are a structural engineers, a client is unhappy with

Customer Question

Hi we are a structural engineers, a client is unhappy with a structural beam ordered costing £1800 that their builder said could not be used.
The client was given the design, the builder stated the beam was too expensive, we promptly provided an alternative supplier costing around £700 for the same product as well as an alternative design using 2 beams.
The builder went ahead and ordered the beam for £1800 and once it arrived on site declared it was too heavy to fit, (it weighed 154kg and was 3.6m long). He was unable to prop it up - although in our experience this is something a competent builder can fit. Once again ,we provided the same alternative solution he was given previously. Now using 163 kg split in to two beams. He informed the client that this was much simpler to fit. The client is naturally irate at spending a lot of money and is now seeking it from us. What is your advice please?
Kind regards
A Syfret
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

Hi thanks for your question. My name is ***** ***** I can answer this for you.

The starting point is to understand what your obligations were under your agreement with your client. Presumably, it was to design a beam suitable for the specifics of the property concerned. The question, then, is did you comply with that contractual obligation and deliver services to a satisfactory standard?

If th beam design was suitable to that extent, then it seems that you would have complied with your obligations vis-a-vis your client. As such, there would be no claim against you.

The cost of alternative suppliers is presumably not relevant, unless you were asked to design a beam that would cost a certain amoun or under that amount. If this is the case, then you have to determine whether you complied with that obligation. And yes, the range of suppliers them comes into the equation and the likely cost of the beam.

If a reasonably competent builder could fit the beam you designed, and it was otherwise in accordance with the design paramaters, then I expect there is no claim against you at all.

Hope this answers your question. If you wish to clarify anything, do let me know, otherwise please remember to rate the answer for me.



Expert:  tdlawyer replied 2 years ago.

Hello, was there anything more you would like me to clarify about your question?

If not, please do remember to rate the answer please.