Home improvement - Disagree with contractual terms
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Did you use a standard contract or bespoke, assuming the contract was a standard building contract then the contract is designed to be fair and deal with the majority of situations. If there is an issue you should discuss the Terms & Conditions with the Tradesman directly and highlight with which clauses you are unhappy with and explain how you would like to resolve this issue. We recommend that you read the contract before signing to ensure you are comfortable.
If there is no contract in place then you should expect the work to be of reasonable quality and to meet the specification set or if no specification is set then you can expect it to be of a reasonable standard.
You should know
Faulty product supplied with service
You have a legal right that the goods supplied by any builder or home improvement trader must
- be of satisfactory quality
- be fit for purpose
- match the description you were given
- be fitted using reasonable care and skill
If the goods are faulty or are not fitted correctly, or are not what you ordered, it's up to the trader who is doing the work for you to put things right.
It doesn’t matter if the problem is with the goods or with how the goods were fitted – it’s still up to the trader to sort it out. You shouldn't be asked to sort the problem out yourself with the manufacturer or business which sold your trader the goods. If you are asked to do this, you should insist that the trader who fitted the goods, sorts out the problem.
Raising your concerns
Talk to the tradesman about the problem and give them a chance to put any problems right or to finish any work that is not finished.
If this has been a series of events that has leas you to complain what is the main cause and as important be clear and concise as to what you want done to resolve the issue.
Be fair and reasonable
Stay calm, even if you are angry, and give evidence and examples to support your claims. Be fair, ensure that you listen to the tradesman view and see if there is a reasonable compromise that can be reached.
Keep an accurate record
Through resolver record your communications, phone calls and supporting documents such as photos in case the issue cannot be resolved. Remember the resolver app allows you to record your phone calls and add photos to your take on your phone. The app is available on both Android & Apple.
If you cannot solve the problem
resolver will remind you what to do and when. The system will allow you to escalate your case if unresolved after the tradesman has been given a reasonable time to resolve the issue with you.
If your issues cannot be resolved by the trader and the issue is about the complaint and not how it is handled then you should consider mediation or arbitration of the dispute. This is low cost and the focus is on providing a cost effective resolution.
Your complete case from resolver will allow the mediator/arbitrator to quickly assess your case. Resolver can put you in contact with the right parties to resolve your issue effectively.
Taking legal proceedings
The alternative is to take your issue to Court. The focus is only to take cases to Court as a last resort and you should have tried to mediate or arbitrate first. Simply going to your solicitor and sending costly letters will not help your case, the intent must be to resolve and how you have tried to have a reasoned argument rather than simply turning to your solicitor.
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