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peach20

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  1. Hi - just following up on my question. If one has a specification and agreed price for some work and at the end is told there is extra to pay for whatever reason, is there anything that says you need to be told in advance? I assume there must be, otherwise people will just charge whatever they want. Or, is this all covered in section 51?
  2. They have installed the main structure (steel) and roughly installed the balastrades. They still need to clad the treads in timber, add hand rails and finish the glass. Mostly by email.
  3. Does anybody know of there is a need or right to have been given a heads up of possible price increases before work is conducted? We have paid the full agreed installation cost but have only received 70% of the agreed work to date. We are now being asked to pay an extra 25% on top of the agreed amount for the work that is complete (so, we will have paid 125% for 70% work). This extra has never been requested or discussed. But, they are saying they will not return or finish work until the new balance is settled (new balance being the requested extra to cover the work already completed). Work has now stopped until the (unagreed, retrisoectuve) increases is paid. Surely we should have been told that there would be an increase before work starts and before getting into what is basically now a hostage situation. Is there any legislation we should refer to when discussing this with the installer? Or does this fall under the legislation that says costs must be reasonable and it is unreasonable to request retrospective payments with no prior warning?
  4. We have a separate / specific specification and cost for the stairs from the stair fabricator. It is not lumped in with broader works.
  5. Nothing changed in the design. In total, the extras are c.25% on top of the agreed cost. About 5% of this is due to delays - increased labour and material prices. This is tolerable as there was a delay of 12 months from paying to installing. The other 20% is for additional costs due to: his cost increasing because he moved premises installation difficulties (although, nothing changed from spec or areas being installed in) other random reasons that have no bearing on reality
  6. We have a separate / specific specification and cost for the stairs from the stair fabricator. It is not lumped in with broader works.
  7. This is in relation to another post regarding stair work caried out by a steel fabricator. We have paid the fabricator in full for the entire staircase although the work is far from complete. The fabricator is asking for additional money for work that has already been undertaken. He is asking for an additional £1500 for design drawings and an additional £2500 for additional installation costs, plus other costs in relation to increases in material costs. In no case have we made aware there would be any additional cost and we did not agree to any additional cost. However, he is saying he will not progress with any work or documentation until the bill is settled. My question is - is there anything in my consumer rights that says I must be made aware of costs and cannot be retrospectively charged? I am aware of clauses regarding costs must be reasonable, or are these really one and the same?
  8. Just one final question. We will write to ask for a detailed breakdown of the costs and increase. In the fabricators last email, he attached T&Cs (part of a Credit Form). This is the first time these have been provided. They were sent "without prejudice", but we do not want to be trapped by some new T&C we have not seen and he is trying to apply retrospecivelly. How do we reject these / make it clear we do not accept them given they are retrospective?
  9. Agreed That is what we started last week. That is what caused him to start emails "without prejudice", to start quoting T&C and to suggest we owe him more for work completed etc Agreed. We are not alone on this, I now know of at least two others that are less than satisfied with the services from this company. One of those is considering legal action, but is negotiating. I think this is just how they do business.
  10. T&C were not presented or referenced other than a small point in a footnote in the email, which also covers confidentiality, hours of business etc. Thus: "This electronic message contains information from XXX Fabrication Limited which may be privileged and confidential. The information is intended to be for the use of the individual(s) or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic message in error, please notify us by telephone or email (to the number or address above) immediately. Activity and use of email at XXX Fabrication Limited is monitored to secure its effective operation and for other lawful business purposes. Communications using this system will also be monitored and may be recorded to secure effective operation and for other lawful business purposes. All works carried out by XXX Fabrication Limited are carried out in strict agreement to our Terms & Conditions. (copy available on request). Any emails received after 5pm Monday - Friday or during the weekend may not be received or read. If the email is urgent it needs to be sent during our working hours. Our working hours are Monday - Friday 8am - 5pm " It doesn't feel that these "have been brought to our attention". However, we should have checked. Either way, the T&C we have now been provided (last week), which are part of a Credit Application form, that we didnt sign and didn't take credit, also dont really cover this situation. The only part of the T&C that covers cost relates to variation as follows. I guess 1.2 is the one that covers delays. But, categorically the specification and design did not change. Re (2), no rates were provided.
  11. I somewhat agree and in hindsight we should have resisted more at that point. Getting the remaining stair parts was on the critical path, he did have us over a barrel. We resisted but he gave us no choice and at the time trying to resolve this would have delayed other works as we sorted out the legal side of payment in advance vs at completion. We did make a fuss, but it was a calculated risk in order to avoid other delays to the rest of the project. All that has happened is this has pushed problems further along, and we are having to sort out similar issues again now. Hence, this time trying to be more informed and resist unreasonable demands.
  12. And, also would a supplier (fabricator in this case) need to notify you in advance if prices are increasing? Not, just add these retrospectively?
  13. Thank you for being patient on this. We are learning our consumer rights (perhaps a little late!) Yes there is a main contractor (builder) and the stair fabricator. Two separate parties. Two separate contracts. This post relates to the latter (fabricator) where we had a detailed specification and agreed price. So regarding your point ... ... do the folloiwing satisfy being given an opportunity to see them? 1) Does writing "All works carried out by XXX Fabricator Limited are carried out in strict agreement to our Terms & Conditions. (copy available on request)" in the footer of emails satisfy this? 2) Would T&C alleged to have been handed over in paper form three months before agreeing the specification, price and agreeing to proceed apply? 2b) And, what would happen in a small claims court if two parties have oposing view as to if T&C were handed over in hard copy with no way of proving either way? Except, one part states to have witnesses (who are on the payrole). I think he is trying to intimidate us into agreeing something to close this down in his favour. I just want to quote facts back to close this down fairly.
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