SA Sign a Second Contract - Get a Discount?

[Sarah J]

Hi Rhapsody,

I'm sorry for your frustration. Disputes can be stressing, like this one!

As for the door/hinges, I'm a bit confused. First, you do not want the different hinges to be put in, is this correct? Second, what do you wish to happen with the door if the new hinges aren't put in? Will old hinges be okay or have you got substitute hinges or do you wish to change the door altogether?

 

[rhapsody rue]

Hello, This door does not open at all due to breach of specifications on their behalf. Initially the resolution was to extend bench top, but at signing agreement they stated that the door would work based on 'other' factors that would change. We agreed to the 'other' changes. It was only after the signing that they turned around and told us that the hinges will change. We would prefer to keep original hinge, although not necessarily against another hinge if it maintains the look of the kitchen. However we are not prepared to compromise the look of the kitchen if the new hinge means that the door will look different once shut. We believe at this stage it will and are still waiting on the company to address this.
The door which is in a tight corner cannot be changed, original resolution was to extend bench. The company fooled us into thinking the door would work based on Other changes but this was not the case. We have stated to them since it's not part of the agreement signed recently, they need to address and initialise amendment to agreement. Do we have this right?
We are waiting on confirmation that the hinge will have no impact on look of kitchen once the door is shut. Once we have this confirmation we are happy to proceed on the basis that they amend agreement to list 'change of hinge'.
If the the hinge changes means the look of the kitchen changes we will be asking them to revisit the first resolution which was to move the bench top. We think this is more then fair as we are forking out 30,000 for this kitchen(not including appliances).
As the agreement stands they have thirty days to fix the issues listed, they failed to mention hinge change which has only caused more frustration and stress. If they stuck to the agreement we would not have a working kitchen as the door in question would not open. I think it's best that they address the hinge issue so we can decide which way to go? what do you think?At this stage I'm not sure if I should let them into house to do work if hinge issue is not addressed. Agreement states that the remainder monies to them must be paid once work is complete, within 5 days. I don't want to be the bad one, however to not want them to ruin the look of the kitchen either.

 

[Sarah J]

So at the moment, you are waiting on their response on what exactly? I understand you want to amend the signed agreement to include the hinges on the door, but how do you propose they fix the issue to your liking? You need to have an exact action that you wish they take to make it clearer and to allow them to comply with it. If you do not know how to exactly fix the problem, asking them for their exact advice is also possible. But right now, I'm a bit unclear as to what exactly you want them to do in order to fix the door problem.

You mention that you want them to address the issue. How exactly do you want them to address the issue? Adding it onto the amended agreement is not really addressing the issue, it is merely an obligation to consider addressing the issue.

In any case, make sure you get all conversations between you and the company in writing. Emails and email confirmations of oral conversations will suffice. Make sure you ask for representations they make (e.g. that the current plan with the door will be possible without further changes) to be in writing as well. In the event you decide to take this dispute further, written evidence to support your claims is extremely helpful and persuasive.

 

[rhapsody rue]

The issue can be fixed by extending bench top, but at the signing of agreement they said this was not necessary and that the door will work perfectly as is. It was only after the signing that they stated the hinges will be replaced. We are concerned that this will affect the look of the door when closed. I emailed them stating that they need to tell us the hinge they are to use, and if there will be any visible differences once the door is closed. If not, then I am happy to proceed with the change of hinge, however if it affects the look of the closed door we could not accept this and they need to get back to the original proposal which was to move the bench top.
They are not forthcoming in information at the moment and we are stressed as we don't know exactly what this means to us. If they don't address the issue can we put of work?(that is them coming in to finalise kitchen as per agreement?)
All emails are kept, always.

 

[Sarah J]

If they do not fix it within the time frame (30 days) you can notify them that you will be taking action for breach of contract. You can then hire another contractor to change the bench top/door/kitchen to your original specifications and seek damages being: costs incurred to remove the mistake (mistake being the breach) + difference in original contract and new contract with new contractors for this part of the work + interest.

Glad you are keeping all emails. Also keep receipts, and if you seek alternative contractors, get a few quotes in order to show that costs incurred are reasonable.

 

[rhapsody rue]

Hello,
I have posted my troubles previously re a kitchen company. Just when I though it would get better, it's worse! Recently we had a agreement drawn up(by consumer affairs) so work could be completed. Originally they had breached the first contract(time and specifications). With the new agreement- unfortunately the work to be carried had to stop halfway, the work did not comply with the signed agreement.(Funnily enough they also breached the time frame a second time-but we let that go).

Once I noticed the inconsistencies, I asked the tradespeople to get the manager on the phone. He would not talk to me. So I was left to discuss with tradespeople alone. They agreed with me that work needed to stop, as it was apparent work did not comply to agreement( it was not something they could fix on the spot).

It has been a week now and the manager will not answer our concerns or reply to our emails. We sent him a short email the other day stating we wished the work to continue, in a fashioned that matched the agreement -giving him 2 weeks to do so(or we would get legal representation). He completely ignored this email, writing one the next day stating we had to pay the final deposit in 5 days or we will hear from their lawyers. No reply to our concerns, whatsoever.

Considering they breached the second contract(agreement)time frame and specifications again, we are not overly worried, Also our original contract states the final amount needs to be paid on completion.
(It has been outside a year now since work needed to have been completed as indicated in original contract.)

I did send him a short email again(after his demand for money) stating that work had to stop due to it not complying and that we would like to know when they could resume again. Still silence after two days.

My question is, Is there anything else we can do at the moment? I am planning to put in a complaint with HIA(as they are members of the housing industry who have a resolution process). Or should I follow through with my own lawyer? Again any info would be most helpful. cheers r

 

[DennisD]

Yes sometimes it happens a project manager will stop midway through, then hold you to ransom with a half baked project that no one else wants to take on while he pursues other jobs until you pay him whatever. In this case he holds out the 'same' contract which he wants you to sign, what a joke, what a pain

He sounds possibly unable/unwilling to deliver and might keep being difficult. Your idea to get representation sounds like a good one, having someone else chase him for you may help to reduce your stress and add a bit of clout to your future communications.