Cancel building work - work not started

jackh123

Hi all,

First post to here!
I'm having the rear of the house paved and got a written estimate from a company which I have signed.
The estimate has my address, what work will be carried out and telling me I have a 7 day cooling off period, after this I have to pay 5%.
I got this estimate on 5th June and I haven't heard anything from the company since, even though they said they'd be about 4/5 weeks before they could start.
I called them this morning and they said they'd ring be back in 2 minutes and they haven't done. Not the best impression I don't think!

Am I able to cancel this without having to pay?

Thanks,
Jack

unholyangel

Unless them starting in 4/5 weeks was a condition of the contract and you made that clear at the time of entering, not likely.

Normally goods or services need to be provided within 30 days.....unless agreed otherwise (and you've effectively agreed otherwise with them warning they wouldn't be able to do it for 4/5 weeks).

You would have had 14 days to cancel (and the company should not have started provision of services within that period unless you made an express request by durable medium - providing this contract was agreed in your house rather than at a distance). But that period is past now so unless the above (about the time frame) applies, you would need to send them notice that you are making time of the essence, giving a reasonable deadline for them to start & complete the works and that if they are unable to do this, you will consider this a breach of contract.

p00hsticks

jackh123 wrote: »

Hi all,
First post to here!
I'm having the rear of the house paved and got a written estimate from a company which I have signed.

I hope you mean you got a quotation, rather than an estimate.
My understanding is that a written quotation commits them to charging the quited price for the described work, wheras an estimate is just that - an estimate - and the final price charged could be higher.

jackh123

Thanks unholyangel.

Even with us agreeing the 4/5 week gap, they're well over this time frame anyway, so I assume this can still be considered a breach of contract?

Thanks p00hsticks,

It was an estimate, at the time I thought if it was a written quote/estimate they were the same thing. Apparently not!

KeithP

jackh123 wrote: »

Even with us agreeing the 4/5 week gap, they're well over this time frame anyway, so I assume this can still be considered a breach of contract?

Unlikely. The start date was still only an estimate.

Follow the 'time is of the essence' suggestion above.

bris

Contracts are binding on both parties so you need to send the "Time is of the essence" letter to force their hand and put them in breach of contract.


If you do put them in breach of contract then the shoe is on the other foot. If you get a new quote's and they are more expensive then you have a case against them for the difference between their quote and the new cheapest quote so it important you do things correctly to have the right to sue for their breach of contract.

jackh123

Thanks everyone, I shall use this and email them!