Ask a Law Question, Get an Answer ASAP!
Hello, this is Jim and welcome to JustAnswer.
Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.
I note you have a dispute with a company who provided a service to you - if you are a consumer (not a business) then you can rely upon the Consumer Rights Act 2015. The law gives you strong protection and states that the flooring company must carry out their service with "reasonable care and skill". The materials they use must be as described, fit for purpose and free from defects. If not, you could refuse to pay the last invoice - until they resolve this for you.
They are entitled to repeat performance (i.e. to return to sort any poor work) as long as this does not greatly inconvenience you and as long as it is done within a reasonable period of time. If you refuse to pay they may walk off the job and leave the work unfinished - you would have to try and reach agreement with them if possible. If the relationship has reached an impasse you would need to instruct other company to finish the work and pay them instead. The former company may dispute the fact they have done anything wrong - meaning they may pursue a claim against you, which you can defend - it is easy enough to do. You may want to threaten a report to Trading Standards which may help matters - they can be reached here: Contacts
If you would like me to cover anything else, such as what happens if they issue a claim, I can do so.
I hope this answers the question. If you have any follow up questions then please do let me know.
Just a final note that I am free most days and would be happy to assist with any other queries you may have.
Thanks for the further information. They are supposed to be the experts and they did not act in accordance with your requirements. The materials used were not fit for purpose it would seem. They also over-ran with the completion date which is another issue for them. You can of course request a price reduction to reflect the above - it would be a reasonable request in my view considering that your consumer rights were so clearly breached. I covered your rights earlier I believe and as to "a" and "b", the creaks are a major issue and you can ask for a price reduction but ideally you would need a quote from another company in case there are further costs which may be required to fix this - whilst you can ask for a price reduction, it's unknown if further costs are an issue.
Hi, the law is under the Consumer Rights Act 2015 as I mentioned - more specifically section 56 : https://www.legislation.gov.uk/ukpga/2015/15/section/56/enacted
And they should charge you as per the quote. If you pay for 8 hours a day then it should be 8 hours a day, no less.
Hi, thanks - they should not back out of a quote as a quote if accepted creates a legally binding contract. As for the last question, they cannot exclude damage if it is due to negligence (you cannot exclude negligence in a contract) so no, that is not lawful and yes you can charge for the repair. I hope I have answered the question of whether you are liable to pay the invoice. If not, please let me know. Have a good evening, Jim
Yes, you can do so given the facts. Thank you
Hi, no, as a quote if accepted creates a binding contract which I mentioned earlier.
Hi, not to my knowledge, it is a fact in UK law - there is plenty of case law on the topic going back many years. Feel free to ask another expert if they have a document - I do not have one unfortunately. It should not cost extra to ask another question. Thanks