Does He Have a Case?

SimoneBS

My builder recently walked off the job before installing windows. We then had to get quotes for windows from elsewhere and in doing so discovered that the measurements our ex builder used and gave to a window company were wrong and were 5cm bigger than we actually need. The window company has been in touch with us, we told them that we don't want the windows as they are too big, now he is threatening us with Small Claims Court. Does he have a case?

isplumm

well it depends - who was the contract between - you & the window supplier? Or the builder & the window supplier?
Why did you go elsewhere for windows?
Mark

finneyb

If you ordered the windows ie you signed the order then I would say he has a claim.
Try speaking to the window company and explain the problem, see what they can do 

mattyprice4004

This makes very little sense.
Who asked the window company that’s threatening you for the Windows? If you did and gave them the wrong measurements that’s on you, if the builder did the deal it’s his problem. 

SimoneBS

Contract was between Builder and window supplier. We went elsewhere as we were told they had been cancelled by our ex builder. Then the window supplier got in touch with us (ex builder gave him our number) asking when he was getting the money for the windows and when are we collecting them? 

SimoneBS

finneyb said:

If you ordered the windows ie you signed the order then I would say he has a claim.
Try speaking to the window company and explain the problem, see what they can do 

We signed nothing with the window supplier, ex builder ordered them

SimoneBS

mattyprice4004 said:

This makes very little sense.
Who asked the window company that’s threatening you for the Windows? If you did and gave them the wrong measurements that’s on you, if the builder did the deal it’s his problem. 

Our ex builder both measured and ordered the windows

theonlywayisup

If I am understanding this correctly, your builder ordered the windows from company A.  Your builder at some stage walked off your site.  You are at the stage of needing to order windows so took quotes from window company X, Y and Z not knowing your builder had already placed an order. 

You have now found out that window company A have the windows ready. 

How have you found out the windows that company A have are 50mm too big, that's quite a bit of a mis-measure.  

SimoneBS

theonlywayisup said:

If I am understanding this correctly, your builder ordered the windows from company A.  Your builder at some stage walked off your site.  You are at the stage of needing to order windows so took quotes from window company X, Y and Z not knowing your builder had already placed an order. 

You have now found out that window company A have the windows ready. 

How have you found out the windows that company A have are 50mm too big, that's quite a bit of a mis-measure.  

Window company A told us the measurements of the windows that had been ordered and are ready. To be honest this wasn't the first thing our ex builder messed up, hence him being ex builder

Sandtree

SimoneBS said:

The window company has been in touch with us, we told them that we don't want the windows as they are too big, now he is threatening us with Small Claims Court. Does he have a case?

I am assuming @theonlywayisup is correct as its the only possible logical version of the story... so who's threatening you with court? The builder or window company A?

What had you paid to the builder already? Did the builders own quote to you include the supply of the windows?

DCFC79

SimoneBS said:

theonlywayisup said:

If I am understanding this correctly, your builder ordered the windows from company A.  Your builder at some stage walked off your site.  You are at the stage of needing to order windows so took quotes from window company X, Y and Z not knowing your builder had already placed an order. 

You have now found out that window company A have the windows ready. 

How have you found out the windows that company A have are 50mm too big, that's quite a bit of a mis-measure.  

Window company A told us the measurements of the windows that had been ordered and are ready. To be honest this wasn't the first thing our ex builder messed up, hence him being ex builder

Make it easier to see your reply if you don't put your reply in the slightly grey box eg the post your quoting.