contract with crsmith double glazing

leona71

Hi there,
Just wondering if someone could provide advice for my Mum and Dad?

They are getting a conservatory built 11k it's costing and they have a contract paid the council planning and the surveyor and 2 months down the line they phoned today saying - sorry but we have to cancel the contract due to under-pricing the job and there will be a letter in the post tomorrow :eek:

Mum and Dad are so upset, they've dug up a lot of their garden to make a pathway etc and took down an awning. What can they do?

Phils_debt

Sounds expensive for a conservatory ,how big is it

leona71

It's what you would call a lean-to and it's pretty big, probably 10ft by 9ft.

phill99

Phils_debt wrote: »

Sounds expensive for a conservatory ,how big is it

The OP wasn't asking about the value for money. Evidently OPs Mum and Dad are happy with the price as a contract has been signed. What is being asked is about the legal situation as to the other party (Conservatory Co) cancelling the contract.

I'm not convinced that they can just cancel the contract because they have underpriced. They have agreed to provide a product at an agreed price and your parents have agreed to the terms and conditions of that contract which, I assume, included paying a deposit.

I think they have two options:

1) Sue for breach of contract
2) ask for 'specific performance' ie instead of receiving damages, the court forces the conservatory Co to undertakle the work at the price agreed.

Have a look here

http://en.wikipedia.org/wiki/Specific_performance

leona71

What i don't understand is that it's very difficult for a customer to cancel the contract (7 days cooling off period) BUT it is very easy for them to just turn round and say the contract is cancelled because we have under priced. What a complete joke, Mum and Dad are thinking of going to the papers with this story, they are fuming...

leona71

Thank you Phil, I will read this out to my Mum tonight. A Solicitor/Courts sounds costly which is something I think they couldn't afford Maybe they are in a no win situation. It's a shame as money has already been spent out on getting the garden prepared for the work etc. Shoddy Company i reckon...

phill99

leona71 wrote: »

Thank you Phil, I will read this out to my Mum tonight. A Solicitor/Courts sounds costly which is something I think they couldn't afford Maybe they are in a no win situation. It's a shame as money has already been spent out on getting the garden prepared for the work etc. Shoddy Company i reckon...

I think the coist of a solicitors letter (prob no more than £100) may well be worth the investment. It will show the company that your parents mean business. Many solicitors will give a free 20 minute consultation. Have your parents got legal cover on their house insurance? That may be an option.

Also speak to Trading Standards and also the Glass and Glazing Federaion which is the Trade Body of many conservatory compaies.

27col

What's the point of trying to get a decent job done by someone who does not want to do it. Surely it would be a more productive way forward to get a quote from someone else. Any preparatory work that has been done will not have been wasted as the same work will be required for any subsequent conservatory.

capeverde

Same as Col says above, yes you are in the right, but its not worth the bother to force the situation and even then, would you really want them to do the job knowing its been undercosted. The fitters would be on a deadline and corners would be cut. For a conservatory that size, including the baseworks its an average price. Can get it a lot cheaper, but also you could pay a lot more. Does it include a 'dwarf wall' because if it does, this obviously impacts the living area and 10 x 9 is in fact quite small for a conservatory. Building work for a floor slab this size would be under £1000 and adding a dwarf wall would be around £600. Actual cost of a upvc conservatory, depending on roof materials and design for the lean to would be between £2-4k. Therefore there is plenty of profit for a smaller company to pull this in for under the quoted price. Did they pay a deposit?? have they got this back?