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JGM, Solicitor
Category: Law
Satisfied Customers: 12195
Experience:  30 years as a practising solicitor.
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I ordered on account some balustrade posts in stainless steel

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I ordered on account some balustrade posts in stainless steel from a specialist, we supplied the drawings to him for them to be made to. The delivery was very late we were verbally told about a week took far longer making us late. Most of the posts were manufactured incorrectly, not as per the drawing supplied. The company was hard to contact so we paid a third party to repair the balustrade posts on site rather than have further delays and costs against us. They now want payment in full and are bullying or threatening us with legal action possibly a winding up order. They allege we have to pay in full as they were not given the opportunity to make we struggled to get the things made on time and also had issues with phones not being answered we were left with no option sadly but to get them altered. The guys seems a bit of a cow boy and a bully, by all account legal procedures start tomorrow. Any ideas?
Hello my name is ***** ***** I will help you.
How much did you pay for the post and to have them repaired?
Customer: replied 2 years ago.

Posts were £3768 incl vat. Repairs etc probably not much less!

Customer: replied 2 years ago.
Relist: Other.
Not had an answer yet....I have to go and collect my son from the airport....I assume that this should be fairly straightforward? Can you email me?
Thank you for your question.
This is an issue which often arises in the context of construction projects: whether the contractor has a 'right to return' to the site to remedy defects. However, there is no such right unless one is specifically conferred upon the contractor by the defects liability provisions or otherwise in the contract. Where there is no express right for the contractor to return to the site to attend to remedial works, or the relevant period has passed, an employer is entitled to employ others to rectify defects. However, where a third party is appointed and that is thought to be unreasonable in the circumstances of the case then the employer may be criticised for failing to mitigate its loss.
So generally, where you have had problems as you describe in your narrative, you are entitled to ask a third party contractor to put things right provided that the costs are reasonable and in accordance with the type of costs that were charged by the first contractor.
In terms of quantification you have to take account of the first contractors costs, deduct the remedial costs and pay the balance of the contract price to the first contractor. If you have already paid the first contractor you will sue for the remedial works.
From what you say, you would be able to resist any claim by the initial contractor.
I hope that helps.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 12195
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 2 years ago.

In short, we did try to call them on many occasions, the phones were not being answered, would we need to prove this? An email was sent to them.

This gy is ruthless, we think he will send a winding up order against my company! (He's a Bully), how do we prevent this?

Regards ***** *****


No, there's no harm in doing so but as I mentioned above there is no automatic right to give them the opportunity to do remedials unless the contract provides for it.
As far as a winding up order is concerned you simply deny the claim and the winding up order can't be granted unless they sue in the courts in relation to the merits or otherwise of the claim. This is not a straightforward debt issue as there is a valid defence to the claim which has to be adjudicated.
If you receive anything take it straight to your solicitor to deal with. Do not deal with it yourself.