What's my rights

bris

Well it is a bit more complicated than I first though, further to naedangers link this one also appears http://www.designingbuildings.co.uk/wiki/Completion_date_in_construction_contracts
other searching brings up similar results.


So it looks like the OP has a bigger fight on their hands than I first though. Liquidated damages may not even be an option unless they were factored into the contract at the start which weakens the OP's case further.


As also suggested it's time for the OP to now bring in the proper legal advice they will need.

tomtontom

bris wrote: »

Well it is a bit more complicated than I first though, further to naedangers link this one also appears http://www.designingbuildings.co.uk/wiki/Completion_date_in_construction_contracts
other searching brings up similar results.


So it looks like the OP has a bigger fight on their hands than I first though. Liquidated damages may not even be an option unless they were factored into the contract at the start which weakens the OP's case further.


As also suggested it's time for the OP to now bring in the proper legal advice they will need.

This is not a construction contract in the sense your article is referring to (which would fall outside of consumer law), it is a simple B2C agreement. I can't see a small claims judge having any issue in awarding the OP their deposit back.

unholyangel

naedanger wrote: »

No. If you agree that the op should speak to a lawyer before acting to ensure they don't make an expensive mistake then why not just say this rather than argue.
I agree that the completion date does forms part of the contract and that it was individually negotiated. What I am suggesting is that breaching that term may not be sufficient to permit the op to terminate it but to seek some lesser form of redress.

The OFT guidance does not say the contract can be terminated by the customer becauses there is a delay. It says the other party cannot exclude liability for a delay. These are not the same things.

It also says "The guidance cannot be a substitute for independent legal advice ... " which sort of supports my suggestion.

As I said above, given its been handwritten as an individually negotiated term on a standard term contract, it suggests it is a condition rather than a warranty.

A breach of condition entitles the innocent party to repudiate the contract. A breach of warranty only entitles a claim for damages.

Btw, the full extract of your selective quoting is:

The guidance cannot be a substitute for independent
legal advice as to whether a court would consider a particular term fair or
unfair.

Its just saying that its general guidance and you should be wary of applying it to your own personal circumstances as there may be other influencing factors that aren't apparent to you.

Disclaimers of that type are common from those providing this type of information - including government guidance, citizens advice and even MSE!

Even a solicitor won't give you 100% sure advice. They'll hedge their bets just in case because the only ones really authorised to provide interpretation/application of the law are the courts.

naedanger

unholyangel wrote: »

As I said above, given its been handwritten as an individually negotiated term on a standard term contract, it suggests it is a condition rather than a warranty.

A breach of condition entitles the innocent party to repudiate the contract. A breach of warranty only entitles a claim for damages.

Btw, the full extract of your selective quoting is:


Its just saying that its general guidance and you should be wary of applying it to your own personal circumstances as there may be other influencing factors that aren't apparent to you.

Disclaimers of that type are common from those providing this type of information - including government guidance, citizens advice and even MSE!

Even a solicitor won't give you 100% sure advice. They'll hedge their bets just in case because the only ones really authorised to provide interpretation/application of the law are the courts.

I will try and make my position clear, and try to avoid posting again on this topic. (But I am not promising.) I will also try not to inflame the debate, and apologise in advance if I fail.

To the OP:

My suggestion is that you should speak to a solicitor before acting.

I think your supplier has breached the contract by failing to complete by the stated completion date.

I do not know whether or not this breach entitles you to terminate the contract and demand that your deposit is refunded.

I hope the matter is straightforward and is resolved to your satisfaction promptly e.g. you get your money back with minimal effort.


To unholyangel:

I do not think my quotation from the guidance was selective, and that was not my intention. (To have quoted selectively would have been stupid, as I knew you were likely to check what I said.) You have explained why you believe it was selective, and that explanation is fine with me.

cajef

We ordered some work on an extension to our conservatory by the original suppliers in October and were quoted five to six weeks, last week the company phoned and were most apologetic but due to the recent bad weather they had a backlog of work and it will now be in the New Year before they can get to us.

We are quite happy with that as we are not in any rush, we have not paid anything as they know us and we know the companies workmanship and are quite prepared to wait.