pawsnizzy
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No it wasn't and I don't use social media
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ajlelectronics
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Unfortunately the law requires you to give them ONE opportunity to remedy the issue with faulty goods. At the end of that, you can wind the clock back so to speak. Deficient services are slightly different. Have a look towards the lower part of this article for the details...
Consumer Rights Act 2015 - Which?
The Consumer Rights Act protects you in almost all purchases you make. Here we explain what it means when buying goods or services
ajlelectronics
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Despite all of you fine fellows commenting on the cr*p standard of this concrete, who IS the final/definitive arbiter? I'm being accused of being 'picky' and akward
If you are going to exercise your legal rights, you have to get a report from a professional in the field that the work is defective. You may have to pay for that report, but it is then the responsibility of your contractor to refund that if the case is proven against him.
Munkul
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Tell him no worries, done and dusted, both walk away, but you'll be putting pictures of his concreting work on social media for everyone to see.
Have you got any quality requirements written down between the two of you? Technically, you have offer, acceptance, and consideration (I mean, it IS concrete he's laid)
It's a half decent amateur effort. I'd be annoyed if I paid money for it, but you're either going to spend a load more to rip it all out and start again... or, just live with it.
Probably put some self levelling screed down to cover the crappy bits.
Have you got any quality requirements written down between the two of you? Technically, you have offer, acceptance, and consideration (I mean, it IS concrete he's laid)
It's a half decent amateur effort. I'd be annoyed if I paid money for it, but you're either going to spend a load more to rip it all out and start again... or, just live with it.
Probably put some self levelling screed down to cover the crappy bits.
8ob
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This is where it gets expensive, a judge will order an "independent" expert/professional to survey the work, that means a day in court with an adjournment. Starts to rack up.
Bob
ajlelectronics
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It doesn't need to be court ordered. Under CRA 2015 (talking about goods for a moment), if a defect becomes obvious in the first six months, the seller has to accept that it has an inherent defect unless they can prove otherwise. After six months, the consumer employs the professional of their choice to provide the report. It is something I often did for customers of Currys who believe that their own terms and conditions override the law. That report would also be admissible in court should it get that far, as Small Claims Court works on the balance of probabilities rather than "beyond reasonable doubt".
How that works with services I will have to revise as it isn't something I was involved in very often, but my instinct is that a similar procedure would be the case for a consumer. The SGA and SoGaS were both amalgamated into the Consumer Rights Act in 2015.
There IS a Contract. Under Civil & Contract Law (& as has been said) Offer & Acceptance are in place here.
So - if the work has not been carried out to an acceptable standard (and is not "Reasonable" in legal terms for the amount paid) - then the contractor is in breach of that contract.
(A verbal contract remains a legal contract, but written is of course stronger validation).
As a non-business, you have the protection of The Sale of Goods Act, which imposes a raft of implied Terms that a seller or contractor cannot exclude. You have the option of going to Trading Standards (though how much they'll do in this day & age I don't know). However if they deem the job unsatisfactory they should then take him on. This in turn strengthens any case you might take to Small Claims Court (<£5k) to see you compensated by the Contractor.
As always.... hassle no-one wants or needs. You need to weigh up the amount paid, the cost to put right, and whether its worth the grief.
So - if the work has not been carried out to an acceptable standard (and is not "Reasonable" in legal terms for the amount paid) - then the contractor is in breach of that contract.
(A verbal contract remains a legal contract, but written is of course stronger validation).
As a non-business, you have the protection of The Sale of Goods Act, which imposes a raft of implied Terms that a seller or contractor cannot exclude. You have the option of going to Trading Standards (though how much they'll do in this day & age I don't know). However if they deem the job unsatisfactory they should then take him on. This in turn strengthens any case you might take to Small Claims Court (<£5k) to see you compensated by the Contractor.
As always.... hassle no-one wants or needs. You need to weigh up the amount paid, the cost to put right, and whether its worth the grief.
8ob
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Goods are different to professional services. The judge is never an expert on these matters and will only rely on a professional, if both parties bring an expert in defence it will be no help to the judge, this is why a judge has to appoint an independent.Its never easy.
Bob
ajlelectronics
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The CRA 2015 covers them all, so that is the law of the land. Small claims track is far different to Fast track or Multi track cases. The only time a CRA claim would go to court is in the event that the supplier refuses to help. In that case, a report, like the ones I produced are evidence enough for a Small Claims case. Five years ago I could quote you chapter and verse off the top of my head, having administered over a dozen successful cases. Nowadays I would need to revise the facts before I could do that.
This is a REAL help to those considering court action...
8ob
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Some blurb
Why must an expert witness be independent?
As an expert’s role is to assist the court, independence is key. Experts must be ‘uninfluenced by the pressures of litigation’ (CPR Practice Direction (PD) 35 (2.1)), and are duty-bound to provide ‘objective, unbiased opinions on matters within their expertise’ to resolve the proceedings, not assuming the role of an advocate.
An expert’s duty to the court ‘overrides any obligation to the person from whom experts have received instructions or by whom they are paid’ (CPR 35.3 (2)).
A useful test of ‘independence’ is that the expert would form and provide the same opinion had the instructions been provided by the opposing party in the proceedings. In the same vein, an expert also owes a duty to their client to conduct their investigation with due care and diligence.
The duties an expert owes to the court may sometimes conflict with those owed to the party instructing or paying the expert, particularly where their conclusions weigh against the instructing party’s pleaded case. In such circumstances, the expert should be resilient to any pressure to alter the report, and if necessary should terminate the engagement to provide expert evidence.
Where a conflict of interest or potential conflict of Interest exists, the independence of an expert will come into question and the expert will be scrutinised under cross-examination at trial.
The conflict of interest does not necessarily dismiss an expert’s evidence, but it may compromise the weight (and credibility) of their evidence, or lead to criticism within the judgment.
Therefore, any potential conflicts of interest affecting an expert’s independence should be disclosed at the earliest stage.
ajlelectronics
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It's a fair point surely that no-one needs to be a Civil Engineering "Expert" to be able to identify sub-standard shoddiness that is the OP's driveway repairs?
Even Judges in their ivory towers have driveways and have a good idea what decent workmanship looks like.
Even Judges in their ivory towers have driveways and have a good idea what decent workmanship looks like.
ajlelectronics
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I'm out-of-date
The CRA though... surely it does not reduce the levels of protection of the consumer from rogue traders over the scope of the old SGA?
ajlelectronics
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I'm out-of-date
The CRA though... surely it does not reduce the levels of protection of the consumer from rogue traders over the scope of the old SGA?
You would be correct. In particular, the CRA has given protections for non physical purchases like software and in a nutshell is a great improvement on the SoGA.
