Very awkward customer, please help!

[Guest]

Hi. Really hope someone can advise me on where we stand, legally, with our current customer. We fitted a new bathroom recently, all finished, except for a bespoke made to measure mirror. This arrived damaged and had to be sent back and remade. It was agreed, in writing, that she can withhold some of the money until the mirror is delivered and fitted. The mirror is now ready, but she is refusing to accept delivery unless we get someone else to fit it. We only have one bathroom fitter and she is refusing to let him finish the work.
The remaining amount is only £500 so I'm not too fussed about that aspect, I just want to know if she is in breach of contract by being so awkward, or does she have a right to demand this?
It does state on out t's & c's that they "must allow access" etc. Do I have a right to terminate the contract/agreement if she won't accept the delivery and refuse us/him access to complete the work?
If so, how do I go about it?
She has been an absolute nightmare from day one, just want this to be over, one way or another

[R0b]

I've never heard of someone being in breach of contract for being awkward, unless the contract actually says that!

However, it would seem based on what you have said that the customer is in the wrong on this occasion and in breach of contract. I would suggest you write to the customer (email would be best if you have it) and politely explain the situation with reference to the relevant T&Cs, although I probably wouldn't mention in the first instance that she is in breach of contract or you will be terminating it.

You could cover the following points in the letter (or not and go in heavy handed, your choice):

- You have already acknowledged that the bespoke mirror was damaged on delivery and that issue was resolved when you both agreed for her to withhold part of the money until the mirror has been fitted.

- There is only one person who is capable of fitting the mirror it isn't possible to have an alternative fit it. Can you give additional comfort by having someone supervise the person? As an alternative, if you have any contacts who could fit the mirror then you could maybe give that as an offer and any additional cost increase (I would ask upfront payment). You will however be responsible to the customer for any work or damage that person causes.

- Mention that as part of the agreement for the bathroom fitting she agreed to the terms and conditions which says she agrees to allow them access to perform the services.

- Round it off by asking her to reconsider and contact you with a suitable time and date to have the mirror fitted. If she doesn't respond within a week then you could follow up with a more stern letter and say that if she refuses access to enable them to complete the job then you will have no other option to terminate the contract and invoice for the remaining £500. That's assuming you can do all of this under the T&Cs

If you want anyone to cast their eye post up a draft and we can comment.

[Scot22]

Agree with Rob and can't suggest anything extra.
I have been impressed by the forum and thank people like Rob who are so generous in giving their time to help people.

[efpom]

The question seems to me to be: "Does the refusal by the 'customer' to allow access to a particular individual retained by the contractor to do the work amount to a repudiation by the customer of the contract?"

In order to answer that question one needs to establish the reason why the 'customer' has refused access by that particular individual.

If no proper reason exists, the contractor is entitled to accept the repudiation, the contract is at an end and the contractor is entitled to be paid for his work up to the date on which he accepted the repudiation.

Acceptance of the repudiation is required to be done promptly by serving a letter whose essence is - "you have repudiated the contract, I accept that repudiation. Therefore the contract is at an end from (date of letter) and we attach our bill for the works to date. You have x days to collect any goods you have paid for from our storage within x days, and if you do not do so we will treat the goods as having been abandoned."

[R0b]

Just to qualify what efpom has said, relying on repudiation can go wrong if you don't get it right and you might be better off relying on your terms and conditions to end the contract, if there is a termination right for breach.