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Can I cancel my building contract? Work hasn't started.
Inwitari
Posts: 10 Forumite
I signed a contract for some building work. During the discussion with the designer/sales person they kept saying that theirs was just a "basic design" and the surveyor would be out to do the proper one. When the surveyor came out he was all over the place, quoting sizes that weren't possible and saying all sorts that didn't make sense. They didn't provide the plans to me until after the cooling off period, but I did sign them. A few days later the company called me to say they didn't understand what the surveyor had written, and asking me to talk it through with them because he was off work! I did and all seemed well, I had asked the surveyor for an additional window to be added (which is on his plans) and the office said that was fine, gave me an email quoting an extra charge...
A few days after that the company contacted me to say the plans I signed with the surveyor are not possible - they can't do the plumbing that's listed or the window I asked for. I asked them for a price reduction - the answer was no.
Can I get out this contract as they can't do the work as quoted on the last plans I signed? Or am I held to what I signed in the first instance with the designer who said it was just "basic"? There are no sizes/plumbing/electrical points on this first design- it's quite literally a line drawing of the walls and doors. The terms and conditions are quite scary - there's even one that says that if they reasonably believe I will terminate the contract they will charge me 25%. I've paid them a hefty deposit already, but it's on credit card.
EDIT FOR CLARITY: I signed a contract and a plan. The contract states some of the work that will be done but no sizes, and it doesn't include the window or the plumbing. The sales man was insistent that this was a basic contract and that the plan was the thing that was binding because he is the designer, not the surveyor, and that extra things could be added. So technically the "contract" does not include the work they now say they can't do.
A few days after that the company contacted me to say the plans I signed with the surveyor are not possible - they can't do the plumbing that's listed or the window I asked for. I asked them for a price reduction - the answer was no.
Can I get out this contract as they can't do the work as quoted on the last plans I signed? Or am I held to what I signed in the first instance with the designer who said it was just "basic"? There are no sizes/plumbing/electrical points on this first design- it's quite literally a line drawing of the walls and doors. The terms and conditions are quite scary - there's even one that says that if they reasonably believe I will terminate the contract they will charge me 25%. I've paid them a hefty deposit already, but it's on credit card.
EDIT FOR CLARITY: I signed a contract and a plan. The contract states some of the work that will be done but no sizes, and it doesn't include the window or the plumbing. The sales man was insistent that this was a basic contract and that the plan was the thing that was binding because he is the designer, not the surveyor, and that extra things could be added. So technically the "contract" does not include the work they now say they can't do.
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Comments
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Well you have a contract for X work to be done for £Y price.
They're telling you they can't do it, so they need to issue a full refund. They cannot charge you 25% given they cannot complete their own contract!Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)2 -
Can they use a different architect to draw up a revised plan?0
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Thispinkshoes said:Well you have a contract for X work to be done for £Y price.
They're telling you they can't do it, so they need to issue a full refund. They cannot charge you 25% given they cannot complete their own contract!
In addition Section 75 with card provider should cover the deposit as I assume hefty is more than £100 (but less than £30k).In the game of chess you can never let your adversary see your pieces0
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