Deducting the cost of subsequent builder's work from 1st builder.
Dear Sir/Madam (or name of person);
Re: (Invoice/Contract number, nature of works involved e.g. double-
glazing, conservatory, fitted kitchen etc.).
I write further to my recent discussion with you regarding the above matter.
On the (date) I contracted with your firm to (describe work e.g. fit and
supply double glazing etc.) at a cost of £ .... . On the (date) I paid you a
deposit of £.....
The work was started on the (date). However on inspection I noticed the
following faults (list faulty(s)).
In addition you have failed to complete the work as the following has not been
done (list what needs to be done). I have asked you to come back on
several occasions but am still waiting.
Under the Supply of Goods and Services Act 1982 (as amended) there are
certain statutory rights implied into our contract. The relevant ones here being
that the materials you supplied should be of a satisfactory quality and/or fit for
their particular purpose. In addition the fitting/installation should have been
carried out with reasonable care and skill. The work should also be completed
within a reasonable length of time.
I believe the above listed faults indicate you are in breach of these obligations
and I have a claim against you for breach of contract.
I am therefore setting you a final 14 days to carry out the necessary remedial
work plus finish off the work you contracted to carry out.
If this is not done I shall have no alternative but to obtain estimates to carry
out all the repairs and finish the work under our contract. I shall then deduct
the cost from the balance I still owe you. If the amount is more than I owe you
I reserve the right to claim this amount from you.
I look forward to receiving your response to this letter.
Sign and print your name.
This is only a sample letter to give guidance on what to write. You will
need to write the letter out and substitute your own details at the
appropriate places shown in bold. Send your letter by recorded delivery
and keep a copy.
1/05/05 G3 Deducting the cost of subsequent builder.doc