Unfinished Work

PeterO1138

Hi,
Thanks for accepting me to the group.
I have an issue regarding fitting of windows in my house and I'd appreciate some advice and opinion.

A well known window company gave me a quote for a new front door, and 3 new windows that I agreed to. Contracts were signed.
A surveyor came to look at the job and picked up no potential issues, a date was set for instalation.

On the day of the installation it became evident that they could not install my lounge window, its being converted from a bay back to a flat window, but there appears to be missing brickwork above where the bay window was installed.

The company told me they can't complete the job and have offered to give me a reduction in my overall price or give my the window at a reduced price but they will not install it.

However, I believe that I am in my rights for that window to be installed at the agreed price, and if any additional work needed wasn't picked up by the surveyor then that fault lies with the company, even if that work requires them to bring in an outside company.

Happy to hear any thoughts,

Aylesbury_Duck

Forcing them to install it is simply inviting future problems, so I wouldn't go down that route.  Did they only discover the missing brickwork when removing the old window?  Could it only have been noticed at this stage and that's why the surveyor didn't pick it up?  If so, I think you have a few options:

1. cancel the whole contract (unless some of the work has now been carried out?)
2. accept the contract variation to exclude the bay window and get it done another time
3. pay the reduced price for the window and find another company to install it.

I'd avoid 3.  Any decent local installer will want to supply and fit.  If an installer hits problems with the window someone else has supplied, the situation is messy.
2 is ok, but 1 is better.  The phrase "well known window company" makes me shudder.  You're always far better off with a decent, recommended local supplier who relies on references rather than spending millions on adverts and glossy brochures to get business.

PeterO1138

Hi, thanks for your comment, its much appreciated. 

Some of the work has already been done so number 1 is out. 
In your opinion how would forcing them to install it lead to future problems.
They have to do it to a set minimum set standard or if they cannot do the work they will have to subcontract it to a company who wouldn't want reputational risk so will do the work to a high standard.
Plus the contract is not completed until all windows are installed so they won't get paid until its completed.

Many thanks,

Aylesbury_Duck

You're welcome.
My concern about forcing them to do it is that they clearly don't want to carry it out within the agreed contract price, so can you be sure they'll appoint someone sufficiently competent to install it, or might they just find the cheapest bodger they can lay their hands on?  I assume there's a lintel or some other supporting structure in the window concerned, so it's not a job I'd want a cowboy to tackle on the lowest rate available.
The other thing is the contract wording.  Are you sure you can force them to install that window, or is there a reasonable clause in their contract that allows them to withdraw from part of a job on grounds of things like safety, competence, etc.?  

Gavin83

I'm almost certain they'll be a clause in their contract that states you'll be responsible for any extra work that's discovered during installation. Have you checked for this?

Even if this somehow doesn't exist I doubt they'd be legally responsible for repairs that they haven't caused. Who removed the bay window? It should really be their responsibility to ensure the resulting gap is suitable for new windows.

PeterO1138

I've looked at it and the time for them to identify additional work was during the survey. I've spoken to the CAB and they agree with me, but its a gray area in terms of thier responsibility to remedy something that should have been picked up at the survey. 

I don't know who put it in, the old lady who had the house before us had dementia and it looks like she was taken advantage of.