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Topic Title: Reminder of correct terms
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Created On: 15 November 2012 09:21 PM
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 15 November 2012 09:21 PM
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Avatar for Martynduerden.
Martynduerden

Posts: 3211
Joined: 13 July 2008

I had a company do some work on a site for me.

They had engineers drawings and a tech spec done for their work.

They failed to install as per structural spec

They "assure" me that the work is still ok even though its not to the engineers plans.

I do not have any reason to suspect otherwise BUT given that I specifically paid for the engineers detail and drawings which were very comprehensive, I am looking for a credit on the structural fees nothing more nothing less, they retain full liability for any future defects.

They are refusing a credit saying the installation is to standard, they cannot tell me which ones!

The installation has not failed yet and shows no sign of failure to perform so my question is what is the legal term(s) for the installation defects.

They are choosing the expensive route to remedy at the moment I just need a very basic counter.

This is a business contract not CCA.

Cheers chaps n chappesses

-------------------------
Regards

Martyn.

Only a mediocre person is always at their best



www.electrical contractors uk.com
 15 November 2012 09:45 PM
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potential

Posts: 1264
Joined: 01 February 2007

Its a breach of contract, full stop.
 15 November 2012 09:54 PM
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peteTLM

Posts: 3149
Joined: 31 March 2005

tell us more....

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Lack of planning on your part doesn't make it an emergency on mine....

Every man has to know his limitations- Dirty Harry
 15 November 2012 09:58 PM
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paulskyrme

Posts: 778
Joined: 12 February 2003

Quite Martyn, if it is not to your specs then it is a breach of contract, civil, not criminal, but a breach of contract law never the less.
Get them to sort it, or get them to accept ALL liability or don't pay them.
In the terms of the advert, "simples"!
 15 November 2012 09:59 PM
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Martynduerden

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Joined: 13 July 2008

Originally posted by: peteTLM

tell us more....


Can't tell you much, suffice to say the spec caps for m16 fixings and the equipment was installed with m8 fixings.

Not electrical related.

-------------------------
Regards

Martyn.

Only a mediocre person is always at their best



www.electrical contractors uk.com
 15 November 2012 10:13 PM
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paulskyrme

Posts: 778
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Not the point Marty, not to spec, don't pay, end of!
 16 November 2012 09:52 PM
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Martynduerden

Posts: 3211
Joined: 13 July 2008

Cheers all, only a couple of G - nothing major but it's principal now!

-------------------------
Regards

Martyn.

Only a mediocre person is always at their best



www.electrical contractors uk.com
 17 November 2012 04:56 PM
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ebee

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"They are refusing a credit saying the installation is to standard"

Not to the standard you have contracted which is as the engineers spec

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Regards,
Ebee (M I S P N)

Knotted cables cause Lumpy Lektrik
 17 November 2012 05:39 PM
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broadgage

Posts: 1293
Joined: 07 August 2007

Agree that although the work may be safe and to an accepted standard, it is not what you specified, presumably in writing, and is therefore a breach of contract. Dont pay them.

A bit like specifying that a 6 amp lighting circuit be wired in 2.5mm, arguably needless in any common circumstances*, but if the specification says 2.5mm, then that is what it should be.

*and yes I know that 2.5mm, or possibly even bigger might be needed if the circuit was of improbable length or supplied at a lower than usual voltage.
 18 November 2012 07:05 PM
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ebee

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A brand new Mini and a brand new Rolls Royce should both comply with all the safety standards but if you ordered the Rolls and they presented you with a Mini would you pay for it? even at a reduced price? They will both allow you to drive around the country, you don`t need a Rolls to do it you could do it with the Mini

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Regards,
Ebee (M I S P N)

Knotted cables cause Lumpy Lektrik
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