Unfinished work - being taken to court by company

NJW69

Hi,

We had a double glazing company working at our home fitting windows and doors to a new extension and the rest of the house. Whilst at the house one of their staff robbed us. We thought some money was missing so we set up some cameras and caught him stealing money and jewellery (valued at approx £3500). He was arrested and is now in prison. He was already out on bail for burglary.

The firm left the house and the job unfinished and are now pursuing us through the courts for the outstanding amount (we had already paid half). We agree there is money outstanding but want the jobs finished first. There is also some damage to our property that we want making good. The firm keep saying they will do this and then change their mind on different bits of the agreement.

We are counterclaiming for our losses on the basis of vicarious liability given the history of the employee which was known by the company. They want us to drop our counterclaim and still pay them the outstanding amount.

If they finish the work to our satisafction and we pay them for that and therefore settle their claim can we still pursue our claim for our losses? We do have the video, police statements, court letters, media articles etc about the thefts. And of course he was convicted.

custardy

TBH (and im no expert!!!) i would go to court
seems to me anyone with sense would see this company at least needs to fulfill the original contract.
then theres the issue of them supplying/employing dodgy staff which given they knew their history seems a strong counter claim

Anihilator

Why exactly hasnt the work been finished? Seems very strange they would pursue money but not finish the job.

Did the original contract state cash on completion? or at this stage?

Did you refuse them access or likes at some point?

NJW69

They left the job after the arrest at our home and didn't come back. They then sent invoices for payment and then a threat to put the matter in the hands of their debt collection agency. We wrote back to them in August saying the job was unfinished, they didn't respond and in Dec we got the summons. After we contacted them by phone a number of times they agreed to come and look at the work (after saying we were liars). The original partner who did the work didn't come but the two others did. They agreed that there was outstanding work and estimated this at about 2-3 days (one window needs totally replacing as it doesn't open).

They then rung and said could they come that day (day after visit). We were both working so couldn't agree and also we wanted this agreeing in writing before they came back. Given the thefts we wanted to be present and needed dates and estimates of the time required so we could arrange time off work. They haven't done this.

We have visited them at their premises to try to resolve and thought we had reached an agreement but they then sent through a legal document for us to sign that had numerous items of work we had agreed missing, asking us to deposit the outstanding amount with their solicitor and drop the counterclaim. We wrote back asking for the whole of the works to be included in this document as previously agreed before we go ahead and they have asked for photos etc and informed us we can no longer speak to the partner we had made the agreement with. Previously they had said we couldn't communicate with the first partner who did the work and with whom we made the original contract.

cleo1299

Would it not be better, if possible, to get a different builder to finish the work? These people sound like an absolute nightmare. Surely if you let them back into your house they'll give you further cause to regret it. I know that usually you're expected to give the original builder a chance to put things right, but they seem to have long since forfeited any right to that chance.