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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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Does a building contract ( domestic house extension)

Customer Question

does a building contract (for a domestic house extension) I have entered into, for which I feel I have a grievance (JCT Minor Works Contract) override or compromise my general consumer rights or rights under the Supply of Goods and Services Act (1982)? i.e. which should take precedence?
thank you
Submitted: 2 years ago.
Category: Law
Expert:  Matt Jones replied 2 years ago.
HI I will try and help
Expert:  Matt Jones replied 2 years ago.
The general rule is that parties are free to enter into any form of contract they wish, provided that is legal and within the statutory framework. Therefore the starting position is almost always the contract between the parties. Where this was not the case would be where the contract tried to override or sidestep statutory conditions. Then the Act of parliament would have precedence
Expert:  Matt Jones replied 2 years ago.
I hope this helps. Do please ask any follow up questions or please leeave position feedback if you are happy with the reply.
Customer: replied 2 years ago.

Hi Matt,

if some grievances were covered by the afore-mentioned "JCT Minor Works Contract" i.e. the builder has not done some things that he undertook to do under the contract (slightly woolly terms like "keep the place tidy, remove rubbish/spoil etc") but that my major grievance is the time spent for the project. The original estimate was 12-14 weeks and we are approaching the 32 week mark, and that with the property a building site and the garden unusable for a family of 5. So am I tied to follow the terms of the original contract before considering exercising other rights in law?



Expert:  Matt Jones replied 2 years ago.
The JCT contract is designed to set out what happens during a contract, and also what happens if and where there are delays. Usually a contractor can ask for an extension, subject to limits and requirements, and if delayed beyond this this then there would be liquidated damages so there is no question of who gets what compensation if there are delays or other breaches of contract. this is usually sufficient redress. If you have to bring court action, you are at liberty to include include both statutory and contractual breached and remedies. However remember you can only be compensation for your loss once, you cant get double compensation and be unfairly rewarded
Expert:  Matt Jones replied 2 years ago.
Hi can I help further on this question?