Can builder remove fitted windows?

knightyKnurse

So this isn't as simple as the title suggests.

I requested a quote from a builder called Dan, for work including windows and aircon.  He gave me the price and I accepted.

During the work, one of the people who turned up said they are partners with the builder I instructed, His name is Don.

Up to that point, I did not know that Dan was going into partnership with anyone.

The work has mainly been done, with windows installed.

I have paid Dan who quoted and whose team did the work, (sometimes the team included Don).

Now, it appears the partnership went South and the partner Don,  says the builder I chose Dan, still owes money him for the windows and aircon as Don had paid from his own account..  The partner has told me I can either pay him for the materials or he has the right to uninstall them and remove them.

As far as I am concerned, my verbal contract and any agreements have come from my builder Dan, and I never entered into any arrangement with the partner Don, and I do not believe I owe anything.  I have fully paid the builder.

What are your thoughts?

[Deleted User]

Your contract is with Dan. 

If Don comes for the windows, show him the door.

TELLIT01

Be prepared to call the police if Don attempts to remove anything from your property.

k3lvc

Deleted_User said:

Your contract is with Dan. 

If Don comes for the windows, show him the door.

Risk is he might try and take that too

molerat

You instructed Dan.  Dan & his team, including Don, carried out the work and you paid Dan as agreed.

It is nothing to do with you how the goods were paid for.

If Don attends your property and starts to do or threatens to do anything call the police, removing anything fitted to your property would be criminal damage.

As simple as.

Ergates

Yeah - Don's dispute is with Dan, nothing to do with you and he has absolutely no right to remove anything from your property.  If he contacts you again I would urge him very strongly to not escalate a civil matter into a criminal one.


Even if you had a dispute with the builder, they'd be on very shaky ground if they attempted to remove fitted windows - they become your property once they're supplied to you, and they can't just take them back without your permission.

pinkshoes

As everyone else has said, your contract is with Dan, so Dan is the ONLY person you should pay.

If Don has not been paid for materials, he needs to take it up with Dan.

 You have paid for the windows and they belong to you.

user1977

Once the windows are fitted, they're part of your house. Even if it was you who owed the money, they wouldn't have any entitlement to remove the windows.

That's why when you buy a house, you don't need to get the seller to prove they've paid for each and every component of it!

knightyKnurse

Update:  I told Don all of this and he backed off.  Thanks everyone