G.A.R CIVIL ENGINEERING CONSULTANCY LTD, Unfulfilled contract Dispute, NOTIFICATION OF BREACH OF CONTRACT “BATHROOM REFURBISHMENT” contract date (10 October 2023). According - Disputes Register
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G.A.R CIVIL ENGINEERING CONSULTANCY LTD
Ref: 2423
Filed: 23/11/2023

Accused Company:

G.A.R CIVIL ENGINEERING CONSULTANCY LTD

File a Dispute against this company

Company number: gb-11424930
Website: www.garengineering.co.uk

147 CRANBROOK ROAD, ILFORD, ENGLAND, IG1 4PU
United Kingdom

Allegation: Unfulfilled contract



Value: GBP 10,378.00


Dispute details:

Builder left our projects unfinished and in a poor state, not made with resonable care and skill.

NOTIFICATION OF BREACH OF CONTRACT “BATHROOM REFURBISHMENT” contract date (10 October 2023).

According to “Consumer Rights Act 2015 all works need to be made with reasonable care and skill.”
In my opinion you have not completed work with reasonable care and skill.

- Builder left our bathroom refurbishment unfinished and in a poor state. There is no hot water after the workers left.
- Poor window installation, removal of old window caused significant damage to outer brick work.

When asked builder to rectify the poorly installed window on Thursday 09.11.2023, builder suggested cover up with silicone. Which clients rejected, and reinstated that the window installation has to be corrected. Builder responded by giving order to his workers to stop all works, collect their tools and leave the site midday. Refusing to remedy the issues of poor workmanship raised and then stopping the works and leaving the site constitutes a Breach of Contract "Bathroom Refurbishment" contract dated 11 October 2023 builder has with clients.

Client notified builder by sending a text message on Thursday 9 November 13.35pm
“Not sure are you working anymore as you ordered your workers way, for pretty much no reason at all. I only told you the window is not straight. Would not have prevented installation of underfloor heating mat and floor tiling as agreed for today.”

The following day Friday 10.11.2023, builder sent a false statement "Breach of Contract notice” (dated 09.11.2023) to clents by email. With a series of accusations, false claims and deceptive statements.
Clients noticed that after builder's workers left the site on Thursday 09.11.2023. Neither builder or his workers attempted to come to the site to rectify and/or continue work, which can be verified by our surveillance system. Builder's access has not been blocked.

Contrary to builder's claim, builder still has access to the site, builder just must notify client in advance, so client can come and open. Builder has not presented or requested any access; builder had just ordered his workers off the site. Later, Friday 10.11.2023, builder has then sent the “Breach of Contract notification” which is a false statement.

Builder stated in his "Breach of Contract Notification" letter dated 09.11.2023 (sent/received 10.11.2023): "We accepted your request for showing goodwill like extending shower wall and build countertop for basin, changed towel rail size for pipework already been done".

Then on the 14th November 2023 builder sent an invoice number 123 for materials £ 1048.37 + VAT and labour for "shower wall £ 750 + VAT, replace floor board with marine play £650 + VAT", and removal of old chimney stack in bathroom £ 650 + VAT". Client considers the unfounded invoice a way of scaremongering and bullying of you client, when builder in fact are the one in breach of contract.

Response: We(clients) note that we already have paid "initial payment" of £ 1500.00 by bank transfer on the 20th November 2023 to cover your outlays for materials before the work did commence as per our contract. The other works in your invoice were all part of our initial contract and discussions for the bathroom refurbishment, we have at no state been made aware or quoted for any "additional works", nor has any "additional costs" been agreed upon.

Client therefore refused to pay your invoice number 123, dated November 14 2023. In fact our initial payment for material outlays is larger than you material costs. Any excess would need to be refunded if works do not proceed and works of poor standard need to be put remedied. In fact, clients have not got any VAT receipts for the previous payments despite requested for. The only VAT invoice clients received so far was for the works clients hadn't been awared of or agreed beforehand (actually double invoiced).

Response claim : Firstly, shower wall and basin countertop / wall have both been part of the our discussions and contract all the time, no change of their dimensions have been made. We discussed these with you(builder) in details. We(client) have only discussed minor adjustments of plans (prior to work on these commencing) such as size of recess and precise location of it in shower wall, resulting in no extra work whatsoever. Both wall alternations are still just studwork. the recessed area in the shower wall, which you still haven't completed, is at present only a stud work, with no frame for the recess. We consider floor, countertop and walls, and door frame “structure” as per the contract which should have been completed. Notice there were No waste pipes, No electrical works and No hot water when builders left."

Clients told builder he cannot make additional charges to what he already quoted for in the contract related to "Consumer Rights Act 2015". Builder also state that he showed goodwill to what Clients consider without any doubt was discussed on site for the bathroom refurbishment before signing the contract online. If builder showed goodwill how come do you send an invoice with heavily inflated prices for works yet incompleted suggesting that these are additional works? Clients hold this were part of the contract all the time, Client have not got any additional quotation for these suggested "additional works" already part of the initial contract. Not quoted separately for, nor been made aware of any additional costs.

Attempts to resolve dispute:

Clients request builder to withdraw his version of “Breach of Contract notification” dated 09.11.2023 and Nullif y your invoice number 123 dated 14.11.2023 and repair the detected faults in the works you carried out so far by the end of November 2023. Client urged builder's response within 5 days. Builder responded he needed 2 days more but has failed to follow up so far. Therefore Client registers the business dispute to keep a record and reserved Clients' legal rights.

Response to accusation (by accused):

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Complainant:

Alex

London , United Kingdom