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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 12061
Experience:  Senior Associate Solicitor
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My Client’s tiled flooring has started to lift and I

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My Client’s tiled flooring has started to lift and I commissioned a specialist to write a report on why this has occurred and he’s come back confirming it’s the sub-contractors fault and they need remove and re-lay what has been done.I’ve informed them of his verdict and have said I’ll send them the report once in receipt.However, I’m mindful that my Client has a partially lifted floor and so I ask how much time should I allow the contractor to put this right?

Hi, this is Jim, thank you for the question - I will do my best to resolve this quickly for you.

Sorry to hear of the issue. It would depend how bad the flooring is and whether it is likely to cause a trip hazard in my view. If it is bad then the work should be carried out sooner rather than later, having regard to the Covid restrictions and everyone's health and safety. A client has the right to reject the work within 30 days of the problem occurring, or they can ask for a repair, under the consumer laws. If they waited 30 days, then the sub contractors have a right to one repair attempt but it assumes the client chooses to either wait the 30 days before doing anything, or if the choose to do repairs within the 30 days. The works is supposed to be carried out with reasonable care and skill, and the items used fit for purpose and free from defects. My view is the the work should be done as soon as possible, within 7 days, but it depends how amenable the client is too and how demanding they are. If the defects are not too serious then it would be reasonable to give a timeframe of say 14 days. If there is a trip hazard then sooner - it all depends on the facts and how bad the defect is - the court would consider these factors if it was to be involved in the dispute. It's difficult to say with any degree of accuracy how much time the contractor should have but when it comes to a consumer's rights, they have strong statutory rights here and they could ask for a refund if they wish. If a repair is to be attempted then it must be within a "reasonable" period of time under the law so I would suggest 7-14 days in this case.

I hope this helps and answers the question which is easy to understand - please feel free to ask me anything else. I will reply as soon as I can to help with any further queries.

Thanks for using our services and have a good day,
Jim

Customer: replied 19 days ago.
It’s possible (or likely) they may refute my expert witness findings and want to carry out their own investigations so I’m assuming 7 days should also be sufficient time for them to hire their own expert?!?However, as I was the main contractor and hired them as a sub-contractor I assume again the dispute is between me and the Client so if this drags on could I commission another company to put right could I make a claim against the original company?

Yes, though bear in mind an expert witness may have commitments (court attendances, etc) so perhaps 7-10 days. You could commission another company, yes. And make a claim against the original one for any losses you might incur - you can use the money claim site for that task (http://www.moneyclaim.gov.uk) though send them a letter to ask for payment and give them 14 days to do so before you issue a claim.

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