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Paid for materials that were not used in refurb works - is that right?


emdaplanet
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All, I am looking for a quick bit of advice please... I am helping a friend write a letter to a Interiors company who have done substandard work on their bathroom refit. I have used the forum resources to draft most of the letter, but I am stuck on the issue of goods paid for but not used. The company quoted for some plasterboard and the full quote value was agreed (and the funds paid). However, now there is a long list of issues and one of them is the inclusion of the plasterboard with no rebate / refund as it was apparently bought but not used - well, not in their house. My friend is withholding the final £1,000 payment under the final payment snagging bit in their agreement, but I am not sure if the quoting of materials not used is just another bullet point to raise, or if there is a legal reason why its out of order... I'm not an expert - just a better letter writer!

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It depends on what the builder quoted for.

 

If the contract was for the builder to provide an end product, through a lump sum price, the builder will own the plasterboard. Your friend would have only been entitled to receive the end product of a new bathroom and it would have been up to the builder to source materials as he saw fit. The fact that the single lump sum price was calculated based on a certain amount of materials doesn't really matter.

 

If the contract was on a time and materials basis, through one quote for materials and another for labour, then your friend would have owned the plasterboard and would be entitled to receive back the fair value of plasterboard he paid for being used elsewhere. This is a less common situation though.

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