Breach of contract? Undue pressure?

carminekitsune

Originally posted on rh Coronavirus board but reposting here as the situation has changed. Hope that is allowed! 

I'm helping out a friend with a dispute she's having with a company that would have been putting in new doors and windows for her house and hoping for some advice. 

Long story short she is seeking to cancel citing their breach of contract. She is in a hurry to get his work done but the earliest they could have gotten a surveyor in was about 6 weeks after the contract was signed. The contract states they should do this within 21 days which has now passed.

Said company is now asking her for an £8000 cancellation fee citing the below term:

The Company will use reasonable endeavours to honour any date provided in connection with the delivery of the Contract, but cannot be held liable for any losses suffered as a result of any delay that has resulted from factors that could not have been foreseen by the Company and are outside the reasonable control of the Company. Such factors include (but are not limited to) adverse weather or traffic conditions, mechanical breakdown, previous contracts overrunning, disease or Law.
(c) The Company shall not be in breach of this agreement nor liable for any delay in performance or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended to allow performance of the Contract.

They have actually admitted they knew they were experiencing delays before she entered the contract which to me implies they knew they wouldn't be able to get the surveyor in within the 21 day window from the beginning. Would make the above clause invalid as its not an unforseen circumstance? 

They are now also now saying that she has breached the contract and are referring the matter to their legal team. Having looked at the (very long) thread between them they seem to be subtly but repeatedly threatening her to take on the full contract, and I've been witness to several phone conversations where they just don't let her leave despite her saying she isn't able to discuss it or would like to think things through. That includes the three hour long phone call where she agreed to sign the agreement in the first place, where they told her she had to sign at that moment or the price would go up. My question on this is, does that constitute undue pressure or change things in her favour at all?

Any help or advice would be appreciated as she's now a understandably freaked out at the idea they may take her to court! 

tacpot12

When did she agree to the contract and when did she cancel it?

She should also check her home insurance to see if she has legal expenses cover. If she does, she should call her insurer for legal advice tomorrow. They could take over managing this case for her. 

carminekitsune

tacpot12 said:

When did she agree to the contract and when did she cancel it?

She should also check her home insurance to see if she has legal expenses cover. If she does, she should call her insurer for legal advice tomorrow. They could take over managing this case for her. 

The original contract was signed early June. I believe it was the 6th? She cancelled 14 days later. So it's now well past the 21 day window it says in the contract.