Building Contract Start Date

[Pezza54]

I signed a contract for building work with the clause "sign below and we will contact you shortly to arrange a start date". It also contained the clause "this contract is subject to a satisfactory survey report".
I had been told when I initially enquired with the company that the lead in period was 10 to 12 weeks.
10 weeks after signing the contract I had not received a start date, even though I had requested one 3 times. The company blamed a problem with the survey that took time to find a solution, a problem as it turned out did not exist, so the delay should never have happened.
Did the company breach the Misrepresentation Act when they did not offer a start date within a short period of time?
Did the surveyor fail to provide reasonable care and skill under CRA 2015 when making an error that took time to find an unnecessary solution?
Thanks for any legal advice in advance.
The FOS case investigator thought the company had breached the contract, the Ombudsman disagreed with the iinvestigator.

[dslippy]

In all contracts, time is not of the essence until it is made so. They are therefore free to do as they have.

You make time 'of the essence' by writing to them specifying a start date, and saying that time is now of the essence. It must be a date which gives them a reasonable opportunity to get things arranged. I would suggest two months.

After that time you are free to walk away.
No breach of Misrepresentation ACt, no failure to provide reasonable care and skill.
Best of luck.