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Want to cancel job - tradesman says he has bought materials
Comments
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housebuyer7 said:
You can of course breach the contract and as a result the trader can claim loss of profits or costs but not both, loss of profits should be mitigated (lessened) by finding another customer.
In terms of materials, if you wanted these shelves made out of Pink Ivory then he's unlikely to find another customer, if it's a load of off the shelf pine then maybe he will, I don't know.
But if you end up paying for materials they should be given to you so only pay for them up delivery/collection.
If he wants to enforce any payment due and you refuse he'd have to go to court, a busy tradesperson should have better things to do.
Pragmatically if you what out I'd perhaps offer to pay for the materials and see what he says.
There is also a side note that anything written or said by the trader is a term of the contract, if it was to be completed by mid September and now won't be until October that does seem like a breach to me. However consumer rights entitle you to a price reduction rather than treating the contract at an end AFAIK.In the game of chess you can never let your adversary see your pieces0
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