Small claims advice

ruby28

Hi, 
I'm trying to get a company to do some further work for me which I believe should have been included in the main works. They have offered to do the work for a fee, which is cheaper than I can get elsewhere but refusing to waive it altogether.
My question is, can I take them to the small claims court for (hopefully) the judge to force them to carry out this work or can I only take them to court for money I'm out of pocket for, so pay the money they're asking then try and claim back?

The work really needs doing and this company are the best people to do it so I'm a bit stuck. I don't want to accept the offer and then not be able to claim the money back because I've accepted it. 

Zinger549

Did you get a quote from the company. Were the other works included in it?

pramsay13

You can't really get a judge to force a person or company to do work. 
Your best bet is to organise it and pay for it, and then try and claim it back if you feel it should have been included. 

ruby28

Not included in initial works but there's now a knock on effect as this wasn't included. It's causing issues to my property. They are aware of the potential issues by not including it from the start. We are only just finding out. 

ruby28

I could get the work done by a 3rd party but it's much more expensive and from the quotes I got, I was doubtful they'd even do a proper job.

If I pay this company to do it themselves then would a judge say Ive accepted it by paying it? 

Alderbank

Instead of drip-feeding us you need to outline the whole story so that we can give helpful answers.
I think you are saying:

• We contracted for a job to be carried out. It was done as per contract and we paid in full.
• We have since realised that as a consequence of the job that some further work must be carried out. This was not raised by the contractor.
• Because they did not raise this earlier I think they should carry out this additional work at their own expense.
• They said they won't do it for free but have offered to carry out this additional work as a separate paid-for job.
• My question is - can I agree to this then when the work is finished and they ask for payment say 'Gotcha! You should have done this earlier so we're not paying!'

Is that right?

ruby28

Your points two to four. 
I doubt they will do the work without payment up front. 
The reason for drip feeding is that the company in question use this forum.

Sandtree

pramsay13 said:

You can't really get a judge to force a person or company to do work. 
Your best bet is to organise it and pay for it, and then try and claim it back if you feel it should have been included. 

You can get an injunction which requires a company to do something however wouldnt personally want a company doing work under such duress... you're not exactly going to get their best work.

Similar to the above, it would be good to know exactly what we are talking about and if its like above and you think as @alderbank has said that it should have been included or if you more explicitly believe the agreement did include doing this extra tasks but they didnt (which would seem odd that you have paid them in full if they didnt do the agreed work in full in your mind)