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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 53187
Experience:  Qualified Solicitor
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We had a glazing firm install a conservatory, it was built

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We had a glazing firm install a conservatory, it was built unparallel, with a number of changes to the specification. We have been through adjudication with RICS with the conclusion being we have to pay the remainder owing to the firm. The faults have not been considered only that we have breached the contract by not paying full amount. RICS said our contract is a construction contract, even though we are ordinary home owners, is a construction contract a correct type of contract for a home owner, and does this mean we have no consumer rights that it
Assistant: Where are you? It matters because laws vary by location.
Customer: Sutton Surrey
Assistant: What steps have you taken so far?
Customer: Just gone through adjudication with RICS, but he did not consider the faults that we are disputing, only that we had not made full payment
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Do we have any rights under consumer protection Act 2015 for work to be carried out with reasonable care & skill

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long ago was this?

Customer: replied 24 days ago.
Adjudicators decision was yesterday
Customer: replied 24 days ago.
Please cancel phone call then

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks. Many thanks.

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Hi there, generally construction contracts are governed under the Housing Grants, Construction and Regeneration Act 1996. However, under Part II, Section 106 the legislation specifically does not apply to contracts covering works with a residential occupier. A construction contract with a residential occupier means a construction contract which principally relates to operations on a dwelling which one of the parties to the contract occupies, or intends to occupy, as his residence. Therefore, if that is the case you can argue that this is not a construction contract and you still get the usual consumer protection under the Consumer Rights Act 2015. You have already been through adjudication but you can still go to court if needed to challenge them