Garage door problems

BykerSands

phil24_7 wrote: »

But the contract hasn't been fulfilled yet as the damage caused during installation to the frame hasn't been sorted. Once that is done the company has fulfilled their side of the contract so the customer would need to fulfil their side. No breach, negligence nor omission has occured yet as the install hasn't finished and no invoice requesting payment has been sent.

If you read the OP that would be in June when they failed to install it correctly. Carry on if you like but you are wrong and not helping.

phil24_7

Do you have a background in law? If so I will bow to your superior knowledge.

The way I see it though is damage caused during installation is not a breach, negligence or omission, merely a mistake/accident that needs rectification. If they refuse to put it right it is, and this could then allow the OP to make a claim, but not the company doing the works. They would need to complete the works as agreed in the initial contract, then submit an invoice/request payment before they can make a claim. Sure they can make a claim before the works are complete but with the photos/evidence the OP could provide no judge is going to tell the OP to pay up the full amount and maybe not any at all. In fact they may well rule in favour of the OP and award them compensation so they can pay to put it right (removal and replacement) so the company would be stupid to do this until they have tried to rectify the issues.

A letter to them stating the issues and asking when they will rectify, followed by the 21 days to reply is the way forwards either way. Keep everything written (registered letters or emails) if at all possible so that it can be kept as evidence should any claim be made, either by you or by the garage door company.

BykerSands

phil24_7 wrote: »

Do you have a background in law? If so I will bow to your superior knowledge.

The way I see it though is damage caused during installation is not a breach, negligence or omission, merely a mistake/accident that needs rectification. If they refuse to put it right it is, and this could then allow the OP to make a claim, but not the company doing the works. They would need to complete the works as agreed in the initial contract, then submit an invoice/request payment before they can make a claim. Sure they can make a claim before the works are complete but with the photos/evidence the OP could provide no judge is going to tell the OP to pay up the full amount and maybe not any at all. In fact they may well rule in favour of the OP and award them compensation so they can pay to put it right (removal and replacement) so the company would be stupid to do this until they have tried to rectify the issues.

A letter to them stating the issues and asking when they will rectify, followed by the 21 days to reply is the way forwards either way. Keep everything written (registered letters or emails) if at all possible so that it can be kept as evidence should any claim be made, either by you or by the garage door company.

If it's not been done with reasonable skill or care the company are negligent and have breached the contract.

phil24_7

I would argue that scratching a frame during installation was merely accidental (depending on how it was caused obviously) and not down to a lack of care and you would have difficulty proving that it was negligent in court. Even if it was negligence it would only open up the possibility of the OP making a claim, not the garage door company.

The company has since tried to repair the damage, when this wasn't possible they said they would fit a new frame. Up until this point they did everything they legally should. After this though it appears that they have failed to replace the frame as agreed and have also fitted a garage door with a poor quality finish (not fit for purpose) so once again the OP is the only one who will be successful with a compensation claim as the contract has not been fulfilled by the garage door company or the company has acted negligently during the installation and breeched the contract.

In my opinion, the garage door company may well be cutting their losses with this one as they know they will likely need to supply a new frame and door before receiving payment. They may also try a cheeky claim sometime in the future hoping the OP doesn't have any evidence.

Write everything down that you can remember including dates, what was done and when, when complaints were made and who too...as much info as you can and keep it for your records. Also write the the company stating the facts and that you expect a reply within 21 days stating what they intend to do to put things right or you will consider and debt fulfilled and that they will have no future claim to either payment or the garage door or any of its fixings or ancillaries.

Regardless of whether I and BykerSands will ever agree, this is the correct way forwards.

Regards
Phil

BykerSands

phil24_7 wrote: »

I would argue that scratching a frame during installation was merely accidental (depending on how it was caused obviously) and not down to a lack of care and you would have difficulty proving that it was negligent in court. Even if it was negligence it would only open up the possibility of the OP making a claim, not the garage door company.

The company has since tried to repair the damage, when this wasn't possible they said they would fit a new frame. Up until this point they did everything they legally should. After this though it appears that they have failed to replace the frame as agreed and have also fitted a garage door with a poor quality finish (not fit for purpose) so once again the OP is the only one who will be successful with a compensation claim as the contract has not been fulfilled by the garage door company or the company has acted negligently during the installation and breeched the contract.

In my opinion, the garage door company may well be cutting their losses with this one as they know they will likely need to supply a new frame and door before receiving payment. They may also try a cheeky claim sometime in the future hoping the OP doesn't have any evidence.

Write everything down that you can remember including dates, what was done and when, when complaints were made and who too...as much info as you can and keep it for your records. Also write the the company stating the facts and that you expect a reply within 21 days stating what they intend to do to put things right or you will consider and debt fulfilled and that they will have no future claim to either payment or the garage door or any of its fixings or ancillaries.

Regardless of whether I and BykerSands will ever agree, this is the correct way forwards.

Regards
Phil

Ok to do everything legally the OP has to allow the company to return and correct the defect. They have already stated they don't want that. They are therefore not following the correct procedure.

I don't think we'll ever agree whilst you display this ignorance of the law.

phil24_7

The OP has not refused the company the right to return to put it right though they have stated they don't want them to. Refusal would go against them in court but "would rather they didn't" would have no bearing on the OP's liability especially as the company would have no knowledge of the OP's thoughts on the matter unless stated verbally (could still be denied at a later date) or in writing!

The company has not contacted them for 2 months despite saying they would replace the frame, this indicates that the OP actually granted them the right to return and put it right.

No ignorance of the law here, quite the opposite actually and if your daft enough to think the law is cut and dry with only 1 right point of view then that's your problem, but solicitors make a very good living out of arguing the in favour of their/their clients point of view...the one with the best argument usually wins!!!

Like I have said, the letter asking them what they intend to do about it will cover them on this point. if they say they will put it right then the OP will have to let them attempt it. If they do not reply and you insert the caveat about not replying it will greatly diminish the weight of their argument should they decide to go to court at a later date (as long as the letter is sent recorded/special delivery and the OP keeps a printout of the signature proof of delivery). If they do not reply then 1 last letter thanking them for absolving the alleged debt should put an end to it...unless they have time and money to burn (this letter should also be recorded/special delivery).

To put things in context, I have successfully won several court cases (1 for my wife for 2.5K due to a contract dispute; 1 for my brother for 3.5K due to poor workmanship of a granite worktop where he was actually awarded costs to remove, dispose of and replace the worktop; as well as several smaller cases) so I am not naive, stupid or ignorant.

phil24_7

As an aside, it may be worth getting another garage door company, general builder, surveyor to take a look and give their opinion in writing if it does go to court. That way you will have an expert witness to back you up. This may be costly unless you know someone in one of these trades.

BykerSands

No he's not refused but did say.

thestens wrote: »

But I really don't want them to complete the job! I have no faith, considering the faults listed above and the lack of communication, that they can do a better job! So where does that leave us?

So I'll stand by what I said.

The breach of contract was in June due to them failing to fit the door with reasonable skill and care. From that date the company have six years to start a court case to recover any money they feel they are owed.

phil24_7

I shall also stand by what I have said.

This 'alleged' breach was by the company meaning the OP can start a claim. (I still say the breach hasn't occurred until the company refuse to return to correct the works) Until the money has been requested (via an invoice) and refused the company cannot bring a claim as the OP has not breached the contract. (their end being to pay for the works).

phil24_7

BykerSands wrote: »

No he's not refused but did say.

Glad you agree with me!