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problem with Homebase and lost earnings.. Help please!!
What's the situation in terms of who is liable in terms of the following scenario?
My bf is a self employed carpenter who is the sole worker in his business (v.small).
He quoted to fit a kitchen whom an elderly couple had ordered from Homebase. He measured the kitchen for them and waited for it to be delivered (they actually ordered it).
It was delevered Saturday, and bf spent whole day yesterday ripping out the original kitchen. Today he spent the whole day fitting the base of the kitchens (i.e. not doors and worktops). When he did get to doors and worktops he found they were completely the wrong size and colour. The elderly couple called Homebase and were told "another 3-4 weeks for the doors to be delivered".
So now they are witout a kitchen, (but they're reluctant to push Homebase and expect my bf to call Homebase for them). And bf has now lost two days working where he cannot afford to, and had other jobs he could have been doing.
In terms of his lost earnings, what can he do? In terms of the Homebase kitchen, what can the old couple do? (Does the sale of goods act apply here)?
All advice appreciated. (And critisism about having checked the kitchen before it was fitted not appreciated as we've already gone through that. In truth the boxes were checked by bf and the elderly couple, but not the actual contents of the boxes).
Re: problem with Homebase and lost earnings.. Help please!!
Is it a big kitchen? 1 day to rip out the kitchen, 1 day to do the units, and 2 days to fix doors and worktops.
I sympathise with you and your BF, but the timescale involved would be highly questioned by homebase, which doesn't make it right, but IMO makes it difficult to claim on(other than the bog standard inconvenience for the old couple)
Re: problem with Homebase and lost earnings.. Help please!!
This story is funny, as almost identical to a scenario I had as a law student when studying contract law, except it was a case where A asked B to build a house, and due to A stalling and mucking him around, it started 2 months later....
Anyhow! There are two seperate contracts in force here. Elderly couple vs Homebase, and Elderly couple vs your boyfriend. 2 clear, different and seperate contracts.
The contract with Homebase is that they will supply goods of a reasonable quality and will be fit for the purpose intended - clearly not in this case, but it is up to the elderly couple to argue this out - the goods were not of reasonable quality and were not fit for the purpose intended. But this contract does not involve your boyfriend, he was not party to it and did not influence the contract in either way.
Secondly, he was contracted to do his job on the basis that the first contract was executed successfully. However, a contract cannot be voided purely because the job is made either more expensive or takes a longer period of time. So the contract to complete the kitchen is not impossible but will take longer. At this time, the elderly couple has the option to discharge the contract in frustration but that would mean your boyfriend would not be able to ask for any further money because he has not completely fulfilled his obligation (unfair, but this is the law) as it was to complete the kitchen and the fact he hasn't done so, despite factors beyond his control, means that he would discharged without further cause for action - i.e. walk away.
However, in this day and age, what person would walk away from an elderly couple with no kitchen?? Legally, he can do this but morally I doubt if he would, as would anyone.
As they are elderly, maybe your boyfriend could assist them a little - Homebase may take the mick, and they MUST have another kitchen unit somewhere in the country as a replacement - if not the same, then a similar one? I can't believe they have nothing to offer.
The couple can take the kitchen back and get a refund, and then go to B&Q, MFI or somewhere else and get one for him to fit if this is an option to you?
With regards to the loss of earnings, your boyfriend would need to show evidence that he put time aside for this work - i.e. 5 days or however long it may have taken him. If the delay caused by Homebase meant that he had to cancel or turn down other work (and had evidence of this) he could then present a claim. However, has he got the time or patience (or indeed, evidence) to do this? The law of contract is complex, and the defendant in this case would be Homebase, but then there are disclaimers all over their receipts and delivery notes saying they will not be held responsible for a multitude of things - one of them is bound to be commercial loss, inconvenience or loss of earnings - and I doubt it would get far as well.
I have the world of sympathy for your boyfriend and the elderly couple - non for Homebase, and think they should be challenged as far as you can go and make yourself heard!
Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only
problem with Homebase and lost earnings.. Help please!!
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