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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12174
Experience:  30 years as a practising solicitor.
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We ordered a concrete garage in July to which we were told

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We ordered a concrete garage in July to which we were told it would be delivered to the company due week commencing 17th Aug and once they had checked it over in a letter they would then issue us with a confirmed installation date. I'm sorry to say they requested the full payment from a letter dated 15th July which was payed. Week after we payed a deposit they wanted payed in full. They came eventually on the 11 Aug and took down the old garage to find there are 2 floors which needs to be dealt with. They have been stalling us at every turn and we are at the end of out tether. So to cut a very long story short the keep putting us off for installation i.e her workers have had to go elsewhere to get a job done every excuse has been used.
Customer: replied 2 years ago.
That should have said the 11th September they have over £3000 and have not built our garage
Thank you for your question. I am a solicitor in Scotland and will help you with this.
What do you mean by there are two floors need to be dealt with?
Customer: replied 2 years ago.
There is the original base then another on Sloping floor on top of the original base.This is not the main problem it's the fact that we keep being put off plus it's us who have to keep getting in touch with the company then they will reply. We just feel this situation has been going on for far too long. They have had our money since July but we have no garage.
Customer: replied 2 years ago.
My partner signed an order form on the 7th July which he paid 20% they then produced an invoice dated 14th July for the balance which also enclosed a letter dated 15th July.
There is an implied term in in a contract like this that the garage will be erected within reasonable time. Clearly they are in breach of that. Your recourse is to give them a time limit for putting up the garage. If they fail to comply them your remedy is to reclaim the funds you have given them and take your business to another supplier. If it turns out that you have no choice but to pay more for the job to be done, you can also claim the extra cost from them.
Happy to discuss further.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.
You pointed out the garage should be erected within reasonable time I feel even before the 11th September they are in breach of this. They are supposed to be coming on the 21st of September to cement the base which again they are adding more money, even though they say they are coming out on the 21st can we reclaim our money or do we see IF they come out then again waiting to see when they will build the garage?
I agree with you that they should have done this a while ago and they are already in breach of contract.
You have to make a decision however. You can terminate the contract and claim back your money now. But if you agree to them coming out on 21st you cannot use the time argument, assuming they do actually come out that is. That is because you are agreeing to a specific date and by doing so waive your right to found on the delay this far.
Customer: replied 2 years ago.
Ok but what if they say but we have given you a date of the 21st what is our argument?
The argument is that they have already breached the contract. You do not have to accept the situation when the contract has already been breached but if you do you are bound by that. In other words it is for you to decide whether to forgive them the breach or not.
Customer: replied 2 years ago.
Thanks for your help and advice.
You're welcome.