RE: OT: Legal Rights / Where do I stand

["Daniel James" <groups@xxxxxxx>]

Mark, many thanks for replying this is very useful information!

I'm going to draft a letter today, and  take some picutres of the poor work
(joints not meeting up, scratches etc..).

I've so far kept my cool with the company, and will continue too, but
frustration is begining to kick in!

Many thanks again for your reply, it helps *loads*

Kind Regards & Merry Chirstmas (now is that the first on UKHA this
year?)

Daniel

-----Original Message-----
From: Mark Hetherington [mailto:mark.egroups@xxxxxxx]
Sent: 15 December 2002 00:08
To: ukha_d@xxxxxxx
Subject: RE: [ukha_d] OT: Legal Rights / Where do I stand


How you approach this is largely down to what you want to achieve. If you
actually want to have the porch as per your original specification then
there are a few avenues to pursue. This is also by far the easiest
approach.

Without details of the supplier in question, this is an question that only
you can answer, but is the supplier a member of a trade association? If
they
are, then this association will usually provide a number of ways to resolve
problems on your behalf.

Legally your contract would likely be a single one for provision of goods
and services (the porch and it's installation).

If the goods are not as specified in the contract (e.g. the door furniture)
then they are legally obliged to correct this. The same for any damage
(scratches etc).

The firm is also legally obliged to fit the goods to an acceptable
standard.
You haven't mentioned why you feel the work is of a lower standard than
previous work so it is difficult to comment on this in depth. But you are
entitled to employ another contractor to rectify installation problems and
claim the cost back from the original installer or reduce the payment due
to
them by the amount required for rectification.

Your first step must be to put into writing exactly what you need the
supplier to do and what steps you intend to take should they continue to
fail to rectify the problems. I would suggest you list every problem you
have with both the goods and the installation.

You should also make it clear in such communication that you will make
payment in full on satisfactory completion of the work and rectification of
the faults. Your original contract will have payment terms defined within
it
which I imagine are along the lines of payment in full on completion of the
work. Since you will be basically withholding payment until they have made
good on their side, it is useful to confirm your intention to pay once the
work is completed. This will mitigate any counter claim by the supplier
that
you have failed to pay since it is written evidence of the supplier failing
to complete their side of the contract.

You should make this written statement before contacting the trade
association if one is available since it will ease any arbitration process
that the trade association might use.

Often when a supplier has completed installation, you will be asked to sign
some form of acceptance document confirming that the installation was
completed and to your satisfaction. If you have signed such a document, it
will make recourse more difficult, but not impossible.

Read through everything you have from the company in partocular anything
you
have signed or is referred to from a signed dcoument. Although much of it
will be legalese that has little use, watch out for things like
'replacement
with comparable items' as a "get out" clause for the door
furniture changes
and such things.

Maybe pop along to your local Trading Standards office with all the
paperwork so that they can have a read through. They are not lawyers and a
lot of what they say has no weight, but they might be able to point out any
clauses which may affect you during the dispute as well as registering your
complaint if you wish to get them involved in it at some point.

I would suggest that your suggestion of removal and payment for part of the
work be a last resort after you have exhausted all other avenues or offered
as an alternative in your written request for resolving the problems.

The easiest and cheapest way for you to proceed, is to continue
negotiations
with the supplier but ensure that your complaint in full is in writing
(keep
a copy and send recorded delivery). If they are a member, bring in their
trade association once you feel negotiations have reached a halt. If not,
then Trading Standards may be able to negotiate on your behalf.

HTH.

Mark.


> -----Original Message-----
> From: Daniel James [mailto:groups@xxxxxxx]
> Sent: 14 December 2002 21:43
> To: Ukha_D (E-mail)
> Subject: [ukha_d] OT: Legal Rights / Where do I stand
>
>
> Hi all
>
> This is a little off topic, but I know there are lots of you who have
had
> work done to your houses / know legal matters well!
>
> I have just had a new porch put on the house, the work was carried out
by
> the firm that had previously fitted all the windows on my house to a
high
> standard.
>
> Now you guessed it I have problems with the quality of the work, and
have
> tried to get it rectified to no avail, the company have been very
> curt with
> us, and although they have tried, it is obvious that they are not
> willing to
> put the work right (scratches on the door, mismatching door
> furniture, work
> not finished to the same standard as before etc...)
>
> I am however in the fortunate position of not having parted with any
cash
> for this work yet.. :-)
>
> I am basically thinking of writing them a letter and asking for the
whole
> lot to be removed, less the brickwork, and offer then a sum that
> I think is
> fair for the brickwork.
>
> Can anyone see a problem with this approach? / is it legal?
>
> Many thanks, and sorry for the OT - but there is so much knowledge in
this
> group!!
>
> Regards, one very frustrated
>
> Daniel James
>
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