EMB Building and Construction Ltd, Unfulfilled contract Dispute, We made a contract with the director of the company to have - Disputes Register
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Ref: 1306
Filed: 21/02/2021

Allegation: Unfulfilled contract

Accused Company:
EMB Building and Construction Ltd


Company number: gb-11855908

4 Sycamore Close, Kettering, United Kingdom, NN16 9ST
United Kingdom

Value: GBP 5,000.00

Dispute details:

Unfinished contract and poor quality

We made a contract with the director of the company to have a garden room built in our garden and we also purchased a second hand hot tub from him for £2000, installation was included. We were advised the job would be completed by end of November 2020, but job remains unfinished to date and we have no hot tub. Majority of the garden room was completed mid January 2021 and we have been able to use it, but the floor is bouncy and the roof is bowed, gathering water. The front is still not finished, the guttering is half done, there are cracks and holes inside that have not been filled and all the rubbish has been left in our garden. Hot tub was sold to us second hand with 17/18 month warranty left, payment was due straight away, but 4 months later and we still have no hot tub in our garden and the warranty will no longer be 17/18months. The director claims that he has not been able to get hold of a crane due to Covid, but we phoned some local companies who had availability straight away, so we know this was a lie.

Attempts to resolve dispute:

Several attempts has been made to allow job to be completed and also we have asked the director to agree to some compensation against which we would have been happy to end the agreement and no grievance would be raised. However, the owner keeps promising to come and finish the job and never turns up. This has been going on for months now, despite the initial quotation promised the job would be completed within 5 days. We need to be able to move on to finish our house project and are considering legal action against this company to grant us compensation allowing us to get some professionals in to complete the job. Photos and copies of messages throughout the project can be provided on request.

Response to accusation (by accused):

Completely understand the frustration in a long completion However never once have I said the cabin is finished Access was a major major problem with the project from the very beginning However I would like to resolve this and apologise for not making it to site today due to a personal commitment (unforeseen) Just to clear a few things up re hot tub The contract states supply hot tub not crane with being in a lockdown I have struggled to obtain my usual contact for this and if you would like I can have the tub dropped at any point for you to organise access if this is better for your schedule. This will also stop me being charged storage on it (charges that haven’t been passed over) Regarding the outstanding works please select a date from the following 24th 26th February 2021 For the works to be undertaken Regarding outstanding finances We need a payment structure in place There is electric invoices to be cleared and also my invoice to be cleared I’m happy to do this as amicably as possible and thank you for your patience at this time Please respond at your soonest convenience Kindest regards Emb builders

Counter Response (by plaintiff):

I appreciate the access to the site has been extremely difficult, but you visited the site on 21st October and quoted the job accordingly. I have a text message from you dated 21st Dec asking for next payment and stating provided you receive the payment you will ensure you have a four man team and a crane in place to facilitate completion of the cabin the next day and fitting and installation of hot tub on Wednesday. I released the payment, but the cabin was not completed and I am still waiting for the hot tub. As to electrical bills, we agreed a price of £600 including the fuse board and bar lights with the electricians directly, which they were supposed to invoice us directly, but they sent the invoice to you on your request. I am not liable for the storage cost for the hot tub as the agreement between us was that it would be delivered and installed. I am happy with a completion date of 26th February for the cabin and hot tub installation as per our agreement and provided both jobs are completed in full by cop 26th Feb 2021, I will close my dispute.



Plaintiff Person:

Erika Bowers

Wellingborough, United Kingdom