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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 76053
Experience:  Qualified Solicitor
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In a nutshell, my father in law entered into a contract to

Customer Question

Hi there
JA: Hi. How can I help?
Customer: In a nutshell, my father in law entered into a contract to build a conservatory, however they did not stick to their commencement date
JA: Where is your father-in-law? It matters because laws vary by location.
Customer: And are unable to provide even an estimate London, uk
JA: What steps has your father-in-law taken so far?
Customer: Well he decided to cancel
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: They responded with a letter saying that due to cancelling outside of the cooling off period, he needed to pay a further 1000 poundsCustomer: Chat is completed
Submitted: 19 days ago.
Category: Law
Expert:  Ben Jones replied 19 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 19 days ago.

Was the start date set in stone, such as in the contract? Do the terms allow flexibility around that? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 19 days ago.
Hey Ben. Please fire away.
Customer: replied 19 days ago.
No the agreement reads that our estimated time to commence installation is between 16 and 20 weeks excluding any any period of time obtaining third party approvals
Expert:  Ben Jones replied 19 days ago.

Thank you. Do you know if the delays are due to such third-party approvals?

Customer: replied 19 days ago.
Delays they mention are more due to impact of covid, staffing and supplier issues.
Expert:  Ben Jones replied 19 days ago.

Does the contract say anything about other possible delays?

Customer: replied 19 days ago.
Customer: replied 19 days ago.
I just got off the phone
Customer: replied 19 days ago.
The paralegal was reasonable
Customer: replied 19 days ago.
actually suggested we could return with a counter-offer, which basically would allow us to request some monies back
Customer: replied 19 days ago.
What percentage would be reasonable?
Customer: replied 19 days ago.
Total contract price is £27'728.76
Customer: replied 19 days ago.
Dad is liable for 30%
Customer: replied 19 days ago.
The deposit already paid is £6'932
Customer: replied 19 days ago.
they were requesting a further £1'386.63
Customer: replied 19 days ago.
They have now offered a settlement to waive the balance due, but we feel as if them keeping the full deposit amount is a scam, due to no work commencing
Expert:  Ben Jones replied 19 days ago.

Thank you very much for clarifying. Whilst they have gone over the agreed schedule, that does not appear to have been set in stone as such and also they can try and rely on the unforeseen circumstances that have led to the delays. Due to there being no serious breach of contract on their part (i.e. there are reasonable grounds for the delays, rather than them just delaying work unnecessarily or for no reason).

Where there is no serious breach of contract by the provider, your father in law may not necessarily be able to cancel without penalty because they would still be losing out on profit and may also have other expenses which they cannot recover.

A cost of 30% is probably too high, so I would aim for around 10-15% of the costs instead and try to negotiate over it. There is no specific figure I’m afraid and it will depend on various factors, which will vary on a case by case basis. In the end, it is about negotiation and trying to get the most favourable outcome.

Expert:  Ben Jones replied 19 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 19 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.