Civil Procedure - Builder didnt build what I paid for. Their lawyer wants more time to respond ?

bobbysox1v

I paid for a bespoke part equestrian/part accommodation building back in July 2019. The Ltd company built it in November 2019 and we paid immediately as per the contract. I am now having the electrics and plumbing done upstairs and it was on the 15th of Feb that we realised that the builders had decided to reduce the downstairs stable ceiling height by 175mm without saying anything about it. Long story but they now say its not their problem.  
I contacted the CAB who told us to do a 14 day letter.  I emailed it on the 27th of Feb and sent a copy by recorded delivery with a deadline of the 12th of March.  I sent a reminder on the 6th March and got an email from a solicitor saying that they had now been appointed by the builders and asked for an extension until the 19th March.  I replied saying no because they had known about the defect since November and we had told them that we were NOT happy and wanted it remedied or compensated as soon as we found out on the 15th Feb. This morning I wrote again to the solicitor asking what was happening and she replied saying that under Civil Law, she would take another week to respond regardless of whether I was happy with the further delay.  

Is that correct ?  It took the company a week to instruct her but I have to bear the burden of the further delay ?

[Deleted User]

Well, you don't have to, but it would be fairly pointless to proceed without getting their response.

DoaM

As this sounds like a B2B contract (part equestrian/part accommodation doesn't sound like something a consumer would engage) then ... what does your legal representative say?

From a consumer perspective ... you've sent a letter before action (I assume - how was the letter structured/how was it headed?) and given a reasonable time scale for a reply, so you can proceed to a court claim after that stated date. But ... what difference will an extra week make?

bobbysox1v

I havent instructed a lawyer....  and I am still hoping that they might come up with a reasonable solution.

born_again

>> I replied saying no because they had known about the defect since November <<

>> it was on the 15th of Feb that we realised that the builders had decided to reduce the downstairs stable ceiling height by 175mm <<

A few months difference there. Hope the story is straight if you are going to court. Are you just taking it that, that was when the ceiling was installed and they must have known at that point?

DoaM

It's fair to assume that the people who did the work know what they did wrong ... if they didn't then that just exacerbates their incompetence.

bobbysox1v

They started the build in November but the building was already pre-fab so the measurements were already set before it arrived on site.  They finished at Xmas but we didnt start with the next stage (indoors) until Feb when it was spotted.  
I think what I was worried about was, if I said yes to an extension, could they just keep adding to the time they are taking to resolve this as we have contractors on hold who are likely to walk away when the silly season starts for building again.

DoaM

Allow them the 1 week extension ... if you don't receive a satisfactory resolution by then, start the court action.

born_again

bobbysox1v said:

They started the build in November but the building was already pre-fab so the measurements were already set before it arrived on site.  They finished at Xmas but we didnt start with the next stage (indoors) until Feb when it was spotted.  
I think what I was worried about was, if I said yes to an extension, could they just keep adding to the time they are taking to resolve this as we have contractors on hold who are likely to walk away when the silly season starts for building again.

Have you got any copies of the pre-fab order and the specs?

At least giving them 7 days is showing willing on your part, but as you say if they start dragging it further then say NO.