Builder ordered patio doors for us, he was also to fit them.. However, it was fully 7 months before he got back to us, in that time we have had to shelve our house renovation plans. Am I still liable for door bill?
What was agreed with the builder, did he keep you informed during this time? Sounds like a job for our DA.
I signed a contract with him way back in September 2015. I contacted him in October to ask for update. Heard nothing else from him until March 2016 when he phoned saying he was ready to do the work. I explained we were having problems getting our plans drawn up, so he said he would wait. Now he wants payment. Due to the massive delay, both with him and with our architect - not heard from him since August 2016 - we have had to rethink our house plans. Doors were made to measure btw.
OK so you have a contract, are there any timelines contained in it? Also its not clear if the Builder has committed to anything like ordering the doors. What does he want payment for exactly?
So he said he would wait, but ordered the doors and now wants payment? Seems then its his problem since you told him to wait.
Don't you want the doors still? If so, pay up and get them fitted. Looks like the delay was not just down to the builder? And it looks as tho' you didn't chase them up for months either? And it looks as tho' you kept the builder waiting too as your archi dragged his feet? Really - what is this about? Do you just want compensation? Or a freebie? Or to take your frustration out on someone else. Or what?
Of course I don't want the doors, or I wouldn't be asking the question in the first place. This is about me asking if I am liable, despite delays, for payment of doors I no longer need. I don't want compensation, or a freebie. Are you a troll. Or what?
If I was the builder I would of phoned you or popped round to let you know I was about to order the patio doors and book the job in permanently
So you signed a contract, but told him to "hold off". Did you say anything to him verbally or otherwise that could be construed as "go ahead and start the job"?
I think part of this will depend on the communication between the parties and how bespoke the doors are. From: CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS "Because the burden of proof for showing cancellation within the cancellation period rests with the consumer, it will be in the consumer’s interest to keep some record of the cancellation." So you'll need to show that you cancelled the order. Although same source: Exempt from cancellation rights: ... Bespoke and customised goods ... This makes things even harder for you depending on how "made to measure" they are, i.e. whether they were custom built or just specially ordered. You would have thought the builder would have checked the job was on again though.
So you come on here asking for free advice. You get some that you don't like (even though it is probably correct). So you then rubbish DA! Yeap, it is probably best you don't hang about
He wouldn't just order the doors without you giving him a go ahead. Therefore yes you are liable. Delay or no delay is irrelevant.
If you agreed to him measuring and ordering the doors then of course you are liable! And don't you EVER rubbish DA! (Thats my job!! lol )
Builder sits there and thinks "Hmmm lets get those doors made, they only fit 1 specific place/job". Explain how he had those thoughts, and then you will know why you are liable. UNLESS you have proof you cancelled before they were made
Thank you, Angus (not Scottish like me, are ye?) for that insight. So, it's taken months and months of 'wanting', and now you don't want the doors. And are looking for a get-out clause? Soz - can't help.
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