Builder Dispute - Is this fair?

Edgelely68

We are having a small extension built and some general renovations done. We’re generally happy with the standard of work so far. However, we have just ended up in an unfortunate dispute with the builder. When the bi-fold doors for the rear of the house arrived, they were about 50cm too wide. Understandably the manufacturer won’t replace them as they made them to the spec given to them, but our builder refuses to take any responsibility. He says as we saw his order form before he submitted it to the company, it is our fault not his. But we only briefly saw the form - he filled it in with his measurements (not ours) and sent it to the manufacturers.



We certainly can’t afford to pay for another set of bi-fold doors but the builder refuses to budge. We haven't paid him for the original set yet, by the way. What should we do? Any advice?

[Deleted User]

I certainly wouldn't be paying for doors when he ordered the wrong ones. I'd be telling him to fix his mistakes or leave and expect you to recover your costs from his insurance.

Edgelely68

Thank you. Yes, you're right, I guess a builder should have his own insurance for this type of mistake

armchaireconomist

If he provided the measurements then he is at fault. Tell him to fix it and refuse to pay for the doors until he's bought some that fit.

mrschaucer

Out by half a meter? Wow!

jk0

Is it too late for him to make the doorway wider?

phill99

Firstly this has nothing to do with his insurance. That exists only for the eventuality that something like ire, flood etc is caused by your builder. It is not there to cover complete !!!! ups.


This is simply a matter of contract law. The contract to supply and fit a set of doors fit for purpose is between you and the builder. Who he choses to supply them to him is of no consideration. Nor are you as a lay person expected to know the vagaries of measuring an opening for a bifold door. This is what he does day in and day out. Any court would confirm that he has acted negligently in measuring and he is responsible for resupply the correctly sized ones.

jk0

phill99 wrote: »

Firstly this has nothing to do with his insurance. That exists only for the eventuality that something like ire, flood etc is caused by your builder.

But surely he has caused 'ire'?

Ant555

Just to be clear - Is the contract between the builder and the door company or between you and the door company?

ie did someone fill out a form on your behalf.