Tweet
Hello
I am in the midst of a dispute with a sole trader regarding the installation of a log burning stove. I am looking for some advice/opinion as to the way forward
The contract to start work was signed at the end of July , there were no timescales agreed in the initial contract apart from that the installation would take place over 2 days. The contract did state that dates are subject to change due to adverse weather conditions. The first day of installation took place within a week or so of the signing of the contract. The second date was cancelled or rearranged on multiple occasions by the company (I count 6 or 7 occasions) citing bad weather. The company have claimed they can only access the roof to complete the job if it is completely dry , I.e dry for 2 or 3 days prior to the installation.
By mid October they had returned to do some internal work (0.5 days work) but had not completed the works and after yet another cancellation due to “having to go to another job” on the morning of the day of work, I began to lose patience with this having a large hole in my living room wall and having already paid approx £2.5k upfront with nothing to show for it
I advised the company that I required the works to be completed within 7 days citing fair and reasonable time elapsing since the beginning of the contract and ample opportunity to complete the work. I had spoken to other installers who advised that with correct equipment this was not a valid reason for installation to be delayed and they had not had to cancel work due to adverse weather. I gained agreement to complete the work within 7 days (in writing, to a degree).
As the 7 day deadline elapsed, the company, in writing, refused to give me a date to complete the installation . I advised that I would have no choice but to pursue a claim through the small claims court should this not be completed within the above agreed timeline.
As the deadline passed I advised them that I would need to enlist an external installer to complete the job as they had failed to do so within a reasonable time frame and that I would be seeking the cost for this claimed back from them. Unfortunately they were in possession of parts of equipment required to complete the job that I had already paid for. I had requested that the goods be handed over to me at their earliest convenience in order to allow me to complete the job. At first they refused to hand these over saying I must collect them from their residential address . I am over 20 miles away with no van to collect these goods. Eventually they agreed to drop off the goods at an agreed time
I waited in for the agreed time and they did not turn up. 45 minutes later than the agreed time I texted them to advise I had to go out and was out for the rest of the day. They responded to say they were 15 minutes away but I advised I had already left and they had failed to deliver within the agreed time.
They then emailed to advise they had visited the property and there was nobody there to accept delivery (which I had already told them I would not be there). They then refused to re deliver the goods and after much back and forth I advised them that if I was to collect I would need to hire a courier to do this and this would be additional cost I would be seeking to claim as this was in my eyes due to their failure to deliver at an agreed time
I had to pay an external company to collect these goods in order to have them ready for the external installer at a cost of £60.
This week the external installer has arrived to complete the works and has began install - only to realise mid install that the liner provided is too short to complete the install. They have advised that the company has not measured the chimney properly and therefore this equipment is not suitable
I have had to pay the installer for half a days time although they have not done any installing due to another error of the initial company. I have spoken to the company and advised they have delivered the wrong equipment and that they must rectify the error immediately. I also advised that their error has incurred additional significant cost and I would be looking to claim this back due to the significant cost to me
They refused to rectify the situation and advised as previously that I could collect, and suggested that on the day of installation there was ample time for me to drive a 40 mile round trip to switch over the materials (without a van) in order to fix the issue
Finally, they are now refusing to switch over the material as installation has started and the material is “used”. The material is not seen and is still entirely functional for its purpose (in the correct size chimney). A new liner will cost me approx £450/£500. I have advised that this is due to another error on their part and I will be further seeking this cost in compensation.
As it stands I have paid £2.5k~ for 1.5 day labour and equipment , some of which is not suitable for install . There has/ will be additional Costs of approximately £700 for fitting , £60 for collection of goods , and £450 for new liner , so an additional ~£1200 on top of the additional agreed cost.
My question is , where do I stand ? In my mind when they failed to meet an agreed deadline and refused to give a date for completion of the work they have breached their agreement - further , I am of the opinion that they are advertising and offering a service that they cannot complete within a reasonable time and are stating an inability to access a roof in anything but completely dry conditions whilst offering an install job in the British isles. Other professionals have advised that this is not an issue that they have and not a reasonable excuse to repeatedly cancel install. Further, the installer disclosed to me in person that one of the reasons that he couldn’t go on the roof is due to a medical condition that means he has numbness in his feet and therefore it isn’t safe to go on the roof when it is wet. None of this was disclosed within the contract
I am in the midst of a dispute with a sole trader regarding the installation of a log burning stove. I am looking for some advice/opinion as to the way forward
The contract to start work was signed at the end of July , there were no timescales agreed in the initial contract apart from that the installation would take place over 2 days. The contract did state that dates are subject to change due to adverse weather conditions. The first day of installation took place within a week or so of the signing of the contract. The second date was cancelled or rearranged on multiple occasions by the company (I count 6 or 7 occasions) citing bad weather. The company have claimed they can only access the roof to complete the job if it is completely dry , I.e dry for 2 or 3 days prior to the installation.
By mid October they had returned to do some internal work (0.5 days work) but had not completed the works and after yet another cancellation due to “having to go to another job” on the morning of the day of work, I began to lose patience with this having a large hole in my living room wall and having already paid approx £2.5k upfront with nothing to show for it
I advised the company that I required the works to be completed within 7 days citing fair and reasonable time elapsing since the beginning of the contract and ample opportunity to complete the work. I had spoken to other installers who advised that with correct equipment this was not a valid reason for installation to be delayed and they had not had to cancel work due to adverse weather. I gained agreement to complete the work within 7 days (in writing, to a degree).
As the 7 day deadline elapsed, the company, in writing, refused to give me a date to complete the installation . I advised that I would have no choice but to pursue a claim through the small claims court should this not be completed within the above agreed timeline.
As the deadline passed I advised them that I would need to enlist an external installer to complete the job as they had failed to do so within a reasonable time frame and that I would be seeking the cost for this claimed back from them. Unfortunately they were in possession of parts of equipment required to complete the job that I had already paid for. I had requested that the goods be handed over to me at their earliest convenience in order to allow me to complete the job. At first they refused to hand these over saying I must collect them from their residential address . I am over 20 miles away with no van to collect these goods. Eventually they agreed to drop off the goods at an agreed time
I waited in for the agreed time and they did not turn up. 45 minutes later than the agreed time I texted them to advise I had to go out and was out for the rest of the day. They responded to say they were 15 minutes away but I advised I had already left and they had failed to deliver within the agreed time.
They then emailed to advise they had visited the property and there was nobody there to accept delivery (which I had already told them I would not be there). They then refused to re deliver the goods and after much back and forth I advised them that if I was to collect I would need to hire a courier to do this and this would be additional cost I would be seeking to claim as this was in my eyes due to their failure to deliver at an agreed time
I had to pay an external company to collect these goods in order to have them ready for the external installer at a cost of £60.
This week the external installer has arrived to complete the works and has began install - only to realise mid install that the liner provided is too short to complete the install. They have advised that the company has not measured the chimney properly and therefore this equipment is not suitable
I have had to pay the installer for half a days time although they have not done any installing due to another error of the initial company. I have spoken to the company and advised they have delivered the wrong equipment and that they must rectify the error immediately. I also advised that their error has incurred additional significant cost and I would be looking to claim this back due to the significant cost to me
They refused to rectify the situation and advised as previously that I could collect, and suggested that on the day of installation there was ample time for me to drive a 40 mile round trip to switch over the materials (without a van) in order to fix the issue
Finally, they are now refusing to switch over the material as installation has started and the material is “used”. The material is not seen and is still entirely functional for its purpose (in the correct size chimney). A new liner will cost me approx £450/£500. I have advised that this is due to another error on their part and I will be further seeking this cost in compensation.
As it stands I have paid £2.5k~ for 1.5 day labour and equipment , some of which is not suitable for install . There has/ will be additional Costs of approximately £700 for fitting , £60 for collection of goods , and £450 for new liner , so an additional ~£1200 on top of the additional agreed cost.
My question is , where do I stand ? In my mind when they failed to meet an agreed deadline and refused to give a date for completion of the work they have breached their agreement - further , I am of the opinion that they are advertising and offering a service that they cannot complete within a reasonable time and are stating an inability to access a roof in anything but completely dry conditions whilst offering an install job in the British isles. Other professionals have advised that this is not an issue that they have and not a reasonable excuse to repeatedly cancel install. Further, the installer disclosed to me in person that one of the reasons that he couldn’t go on the roof is due to a medical condition that means he has numbness in his feet and therefore it isn’t safe to go on the roof when it is wet. None of this was disclosed within the contract
