How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jenny Your Own Question
Jenny, Solicitor
Category: Law
Satisfied Customers: 6465
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Type Your Law Question Here...
Jenny is online now

Re memorial stone damaged and replacement? The stone was in

This answer was rated:

Re memorial stone damaged and replacement?
The stone was in situ for 20 years no sign of damage or wear. Mom passed away and a new inscription was required. The funeral directors quoted a price, work was agreed. Months later the directors informed us of an error on the invoice increasing cost by approximately £500. After negotiation an agreement was reached increasing costs by £200 approx. Work was delayed. Eventually we were informed the stone was back in situ. On viewing the work we noticed damaged to the stone. After complaint and negotiation the whole memorial had to be replaced. This was completed by December 2015. However the bird feature which was to be replaced was not changed the original feature was reused. Also in replacing the stone new photos plaques were to be made. We were given proofs if the photos to be used and signed these off. We were told dad's original photo would be used to make the new plaque. On signing off the proofs it was our belief there was no change to dad's photo and mom's would be as we provided. On seeing the new stone it was noticed by siblings that dad's photo all though very similar was not a copy of the original. This process has already taken 22 months and is still not completed. We were not informed of the damage to the original stone, it was a long drawn out process to establish liability and remedy, we were not informed the new bird feature had failed and the original was being used. We have only paid the initial deposit to this date and are still waiting for the work to be completed. The estate has had to be frozen whilst we continue to wait. Should we be compensated for this delay and the incompetence leading to the loss if our original stone. Do we continue to be liable for the balance in the original invoice?
Hello my name is ***** ***** I am happy to help you today. What remedy are you seeking to achieve are you saying that you will not be able to use the stone once completed?
Customer: replied 2 years ago.
No, once complete the stone will be fit for purpose.
I want to know firstly as the original work caused our stone to be damaged beyound repair and had to be replaced are we still liable to pay the original invoice? Are we with in our reights to demand compensation for the hurt and distress caused by the loss of the original stone, and the failure of the company to inform us when things have gone wrong? If we had not noticed the damage imediately we could have face great difficuly in proving liability. Further if we hadn't noticed the bird feature was the original one we coukd have been left with a wrong understanding as to what had been changed. To me this is really bad practice. Losing our mother to cancer in March 2014, was bad enough, but to endure such a long and difficult route to having the headstone inscribed has caused terruble distress and protracted the grieving process to intolerable degrees. Further the delay caused to executing moms will and disolving the estate to the beneficiaries has caused even more difficulties and distress. I feel something should be done about it, to comoensate us for all the trouble weve gone through.
Hi I am terribly sorry that you have been through this after such a traumatic time with your family. You can certainly ask for them to either reduce or remove the remainder of the invoice due to your distress however they are not legally obliged to reduce it unless you can show that they are in breach of contract, this could be if the contract with them stated that it would be ready in a particular amount of time or the finished produce (although fit for purpose) is not as originally requested. Clearly you are not satisfied with the quality of the photo on the stone so you can ask for a deduction to be made from the invoice for this. The difficulty for you will be that if they do not agree to reduce the invoice they could potentially take you to court for failure to pay. If they do so then you can argue that it is not of satisfactory quality and was not produced within a reasonable timeframe so you are not prepared to pay the bill. The court may order that you pay part of the invoice in the event that you intend to use the stone. Is there anything further you would like to know about this?
Jenny and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thankyou I dont think I have anything else at this time
No problem. I would be grateful if you would please take the time to rate my answer as I am not otherwise paid for the time I have spent answering your question. If you have any follow on questions please ask and all the best with this.