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I had work carried out at my home, it was not completed fully…

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I had work carried out...
I had work carried out at my home, it was not completed fully or to a satisfactory standard, I contacted the joiner direct who came out and said he would go back to the saw mill that had provided the oak for the job, he reported back to the builder (who originally introduced us) saying there was nothing he could do. I have written to the joiner but have had no response. I have also had a report from a company to give me a price to put the job right (this is in the region of £700) l have already paid £2500.00 to the joiner for doing the job and £2000.00 for the oak for the job. I sent the letter to him in January so he has had plenty of time to respond to me. ls there anything i can do?

Many Thanks
Submitted: 6 years ago.Category: UK Law
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Answered in 3 minutes by:
6/1/2011
Solicitor: Jo C., Barrister replied 6 years ago
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,271
Experience: Over 5 years in practice.
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Hi

Thank you for your question. I will try to help with this.

What is the nature of the fault?
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Customer reply replied 6 years ago
I had an oak floor put down in my hall in September last year, within 2 months it had started 'cupping' as it is known in the industry. This is where the floor has started to lift apparently due to no membrane being put down underneath it. I also have a floor to ceiling window in the hall, l have been advised that there has been an insufficient space left to allow the oak to expand in warm weather which could result in the window being pushed out.
Solicitor: Jo C., Barrister replied 6 years ago

Do they accept that these faults exist?
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Customer reply replied 6 years ago
Yes. He blames the wood rather than the fact that he should have known what to do with it.
Solicitor: Jo C., Barrister replied 6 years ago

OK. Did he provide the wood or did you get it from another source?
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Customer reply replied 6 years ago
I got the wood from the place he advised me to use.
Solicitor: Jo C., Barrister replied 6 years ago

That is going to be a hurdle to overcome. It doesn't mean you cannot do so but it does mean you need to put your mind to it.

Had he provided the wood then he would have been fully liable and you could have sued him solely.

Since you purchased the wood and gave it to him, he is not responsible necessarily - at least not immediately.

You need to get to the bottom of what caused the fault. The company who are offering to put it right for you will probably be able to tell you that. If its his workmanship then you can just instruct them and sue him for the cost.

If the issue was caused by the wood then you really should claim from the seller of the wood. The other alternative then is to sue the tradesmen on the basis that although the wood was at fault, he did not advise you of the risk of faults from using this wood. That is a possibility but it would be better to claim against the seller.

Of course, its likely to be his work that is at fault and so this is going to be a normal small claims court dispute. I can give you the address of a site at which you can issue if you'd like.

I'm happy to discuss this but please remember to click on accept.
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