This question is about 'JCT building contract for a home owner who has not appointed a consultant to oversee work.I would appreciate response from solicitor/s who have good real life experience in the subject.I enetered into a JCT contract to get buiding repairs on my second home. I paid 50% upfront in September 2011. The contract was for completion of works in 6 months.The problem is the work has not started to date. There were indications that work will start in January, march and lately in July.It has not happened and it is now 1 year since the contract was signed.I have served notice that the contractor failed to deliver in February this year and a few times later on.I clearly requested to make amends by doing the work.All communication was by email and phone. I have reply emails from contractor as proof that I served notice.I now want to 1) end the contract 2) get my money back 3) get compensation for my losses such as interest cost and loss of rental income etc.I would like a) legal facts on the above 3 objectives 2) the next steps i should take 3)The money compensation I can ask.The contract is a standard JCT contract. It allows me to go to court or mediation.
System of Law: England-and-Wales
repeatedly asked the contractor to deliver, warned them of legal action, kept e-mail communication as proof.
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Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.How much did you pay?Are they still trading?
I paid £ 15000.00. They are still trading and in all likelihood will do so for approx 6 months at least.The latest update is they agreed to return the 15 K until they start work.The question of compensation still appeals to me, if law allows..I dont want to wait for a few months for them to start work, so I like to take the money back soon and see if there is any other contractor who can do the work.thanks
Then you can sue for breach of contract by implied terms in that they have failed to act with all reasonable skill and care.You can submit a claim online at: www.moneyclaim.gov.uk - you will have to pay a fee but this will be added to the claim.So yes, you can submit a County Court claim if they have breached the contract. Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Please see my question. I stated 3 numbered objectives and then 3 questions. Unless you put effort into giving specific responses, this is of no use to me.I know i can go to court for breach of contract. There were other questions that were ignored!!
For the avoidance of any misunderstanding - please list your questions numbered so I can answer each and every one until you are satisfied.
please see my question. It is all there. I am not going to ask anything new, so I will not repeat my questions.
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.I see my colleague has opted out. I'm afraid that if its just that they are late then unless you agreed that time was of the essence in the contract or you made time of the essence at a later stage then this will not amount to a material breach allowing for cancellation. If you cannot cancel then you cannot reclaim your costs.If they agreed a specific date though but did not include the words time is of the essence and they are in breach of that date then you could try to claim consequential losses arising from that breach such as loss of income.
Many thanks.The contract was for repairs to be done in 6 months.This limit was breached in March this year. I see that i can try to claim consequential loses.Would you kindly clarify-Under the above circumstances, do I have a right to;1) terminate the contract without any claim on me.Is the law clear on this or is it a matter of opinion. 2)claim consequential loses.
Sorry, I was on the other line.1 To be honest, the law is very rarely clear cut. Its always a matter of opinion. You can only terminate if the contract contained the words time is of the essence. Then breach of the deadline is a material term allowing you to cancel.Even if its not a material term you are still only under an obligation to wait a reasonable time and this has been very late. However, they could claim breach against you and you would have to argue it.2 This is a stronger point. If they agreed a specific time and have not kept to it, even if the words 'time is of the essence' are not in the contract then its still a term in the contract and they are in breach. Upon breach you can claim consequential losses which actually incur and were within the reasonable contemplation of you at the time of contracting.
Bar Exams, over 5 years in practice.
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