Sold Windows that don't open!

mda02djp

Yep. Bought 6 windows, and two of the upstairs ones don't open as designed to. They connect with our soffits, which I maintain have been damaged through the installation of the new windows. The company in question made several attempts to put this right, with panel pins and such, but all attempts have been unsuccessful and now they have declared that it is our fault for having poor soffits and it is not their responsibility. Even though their survey did not mention this additional work would or could be necessary at all. Now they want full payment.

I have not yet paid, nor am I inclined to, as they will not fix the issue and make the windows open correctly. I've been told by Citizens Advice, that if there has been a lack of care during the service, and that attempts to rectify it have failed, that I can get quotes from companies to put this right, and deduct this from the final payment (as stated under the Consumers Rights Act, 2015), but I wanted to know if this is right. If this had of come up in the survey, as an extra £2000 bill, we would have considered it in earnest, but to have it thrust on us seems unfair. Especially since we paid for a survey that didn't pick this up. But was the survey mean to pick this up? They say not, and that we only contracted them for installation. They maintain that the soffits were damaged before the installation. Ultimately, the windows don't open! They are no good to man nor beast!

If anyone has any experience with such things, I'd love to hear from you. Either way. I only want to spend energy fighting this if I'm in the right and have a reasonable chance of being successful. But what do I stand to loose if I have not paid yet? Can they do anything to me for with-holding payment?

Sorry for all the questions, please, any information will be very appreciated.

AJXX

In theory they could start taking small claims action against you to recover the funds owed.

Have you considered bringing in a 3rd party to gather their opinion?

naedanger

Did you get any paperwork when you purchased the windows? If so did you get a quotation or an estimate?

Assuming you got a quotation and there were no conditions which would permit the supplier to increase the price given the circumstances then I agree with CAB's view. I would argue ensuring the windows work with the soffits is obviously part of the installation.

If you only had an estimate that listed what they would supply and the work they envisaged I suspect your case would be weaker. You may then have to demonstrate that the estimate included such work e.g. because they should have identified it as part of the survey they undertook before giving the estimate.

If you don't pay and the supplier disputes the amount withheld then they could sue you. If you lost you would have to pay what they were awarded (which would probably include interest at 8% p.a. plus court fees but not their legal costs). If you won you would have nothing to pay other than you own costs.

wealdroam

OP, I would suggest that you pay for the four windows which are presumably working correctly.

To not do that would leave you in a weak position.

mda02djp

Thanks for the info guys, really appreciated to get a few different views.
I have an official quote from them, and also a letter saying that the surveyor will be able to identify any additional building work which should be necessary, which I believe makes my position strong. I'm reluctant to pay for all working windows and not for the unopening ones, as even those they have been provided and installed, just not without me suffering damage which I now have to pay for. I don't like the sounds of being taken to the small claims court process, but if the quotes for the work come out at a large figure, then it may be worth the hassle I guess. I'll see what the quotes come in as and make a decision.

Thanks everyone,

dogshome

There is legislation in place about window openings and the possibility of Escape/No Escape in a case of a fire
Have a word with the local councils Building Control dept.

Marktheshark

The contract was to install a set of working windows.
They failed, paying for the bits they got right is down to the judge to decide.

No builder or main contractor would part pay them for anything, they either get the job 100% right as per contract or they do not get paid in the building world.
Inform them to deliver the contract and make sure all windows open fully or they will have to try their luck at county court.