Reasonable time limits 5 December 2022 at 1:51PM in Consumer rights 10 replies 335 views

Sionsie1965

Hello, I agreed in spring 2021 ish to a quote for a new double glazed, four pane window. It was finally fitted last autumn. There was a small issue with the glass so I settled only half the bill until it was sorted. The fitter has tried to replace it once (but the glass broke) and then failed to turn up on two other occasions. That was last January. He has just been in touch to say that he now has the pane and is again ready to refit. Id be interested to know whether forum members feel that this is reasonable, that I should engage and have the job finished/pay the final installment or, whether the total lack of communication this year means that my position in assuming that he had walked away from the job and thay Ive since addressed the flaw with the window differently, is reasonable and/or legal? I have to say that his message this morning, albeit polite, has really unsettled me and I do not know how firmly I can push back. Id welcome the views of those more experienced than I.  I have not yet responded to his message.  Thank you  

Sionsie1965

For clarity I meant  ‘last autumn’ as autumn 2021

SergeantBaker

Sionsie1965 said:

Hello, I agreed in spring 2021 ish to a quote for a new double glazed, four pane window. It was finally fitted last autumn. There was a small issue with the glass so I settled only half the bill until it was sorted. The fitter has tried to replace it once (but the glass broke) and then failed to turn up on two other occasions. That was last January. He has just been in touch to say that he now has the pane and is again ready to refit. Id be interested to know whether forum members feel that this is reasonable, that I should engage and have the job finished/pay the final installment or, whether the total lack of communication this year means that my position in assuming that he had walked away from the job and thay Ive since addressed the flaw with the window differently, is reasonable and/or legal? I have to say that his message this morning, albeit polite, has really unsettled me and I do not know how firmly I can push back. Id welcome the views of those more experienced than I.  I have not yet responded to his message.  Thank you  

Respond to him, he comes and fits the window, then you pay. Job done. 

Or is your question, can I only pay half and live with the window as it is?

Undervalued

Sionsie1965 said:

Hello, I agreed in spring 2021 ish to a quote for a new double glazed, four pane window. It was finally fitted last autumn. There was a small issue with the glass so I settled only half the bill until it was sorted. The fitter has tried to replace it once (but the glass broke) and then failed to turn up on two other occasions. That was last January. He has just been in touch to say that he now has the pane and is again ready to refit. Id be interested to know whether forum members feel that this is reasonable, that I should engage and have the job finished/pay the final installment or, whether the total lack of communication this year means that my position in assuming that he had walked away from the job and thay Ive since addressed the flaw with the window differently, is reasonable and/or legal? I have to say that his message this morning, albeit polite, has really unsettled me and I do not know how firmly I can push back. Id welcome the views of those more experienced than I.  I have not yet responded to his message.  Thank you  

Well it is certainly not legal if it is not true!

Given the time that has elapsed you could certainly have got some other contractor to fix the defect and withhold whatever reasonable amount you paid them from the bill. But, as I read it, you didn't!

You could also tell the original contractor that this is their final opportunity to fix the problem or that is what you will do.

However, unless I am misunderstanding you, you can't lie about the position and get away with the job for half price. 

eskbanker

Sionsie1965 said:

whether the total lack of communication this year means that my position in assuming that he had walked away from the job and thay Ive since addressed the flaw with the window differently, is reasonable and/or legal?

Lack of communication cuts both ways - if you felt (not unreasonably) that he wasn't coming back to finish the job off and that you therefore planned to make alternative arrangements, then I'd have thought it reasonable to advise him of that, preferably in writing, before going ahead.

As things stand, would someone neutral adjudge 50% payment to be appropriate for the completed work?

Aylesbury_Duck

Have you had someone else address the problem, and if so, did you notify the original filter?

Sionsie1965

Thanks for all the responses to my post today, which Ive found really helpful. 

macman

You don't detail the fault, but I doubt that it justified witholding 5% of the due amount, let alone 50%?
Given inflation since Autumn 2021 being more than 11%, he's been severely put out of pocket, so just get the fault remedied and pay him immediately.

pinkshoes

Sionsie1965 said:

Hello, I agreed in spring 2021 ish to a quote for a new double glazed, four pane window. It was finally fitted last autumn. There was a small issue with the glass so I settled only half the bill until it was sorted. The fitter has tried to replace it once (but the glass broke) and then failed to turn up on two other occasions. That was last January. He has just been in touch to say that he now has the pane and is again ready to refit. Id be interested to know whether forum members feel that this is reasonable, that I should engage and have the job finished/pay the final installment or, whether the total lack of communication this year means that my position in assuming that he had walked away from the job and thay Ive since addressed the flaw with the window differently, is reasonable and/or legal? I have to say that his message this morning, albeit polite, has really unsettled me and I do not know how firmly I can push back. Id welcome the views of those more experienced than I.  I have not yet responded to his message.  Thank you  

A "small issue" is perhaps just referring to a flaw in the glass which you have covered over?

You need to communicate with the fitter, as they have no doubt spent money on this new panel as you didn't tell them you didn't need it any more. You could have offered to keep the panel with the flaw for a SMALL discount, say 5%.

You could try offering to leave the window as it is for a 5% discount (or similar) or otherwise just have it fitted and pay in full.

mattyprice4004

No, you can’t get out of paying half of your bill. 

If you wanted to engage someone else to fix the issue, you should have gone back to the original company and made them aware of this - there’s no time where you can just assume someone has given up on the job. 

cymruchris

As above - communication can go both ways. If when you settled on your remedy for the flaw, you didn't contact him to advise him of the fact and discuss options, then to all intents and purposes, the job was still open. Yes it's taken a long time, but lead-times on many products in the last year or two have been quite ridiculous in some cases. I would say you're still liable to pay your remaining 50 percent, and for the job to be completed. If you don't want it completed, you'll have to negotiate with your tradesman, but you're not entitled to any discounts or comebacks based on the circumstances you've outlined.