Dispute over defective product and poor workmanship. Dispute resolved and works rectified.

By Luke Andruszewski, Legal Executive
Published: 04:34PM BST 21 Apr 2010


A retail outlet sold our client a grout protecting fluid which became discolored after use. It offered to rectify the grouting she had done, but carried out the work to a poor standard.

Background

Our client purchased tiles and other materials, including a grout protector, from a retailer to redecorate and tile her kitchen floor. After two months, however, despite using the protector fluid, the grouting became discoloured.

She approached the retailer, which that the protector fluid must have been defective. It sent its own workers around to re-grout the kitchen.

Unfortunately, the works were an appalling mess: the new grouting was poor, different coloured grouting was used across the floor, and lumps of grout were left splattered up the walls.

A further complaint was made, but now the retailer unreasonably demanded our client sign a disclaimer to prevent their workers being responsible for any damage that might be caused to her kitchen appliances when moved by their workers, if she wanted them to attend again.

What we did

It seemed the retailer and its representatives were going to remain stubborn unless our client gave in to its unreasonable demands, which may have led to her appliances being damaged or the grouting being re-done poorly a second time.

We were able to write detailed correspondence, keep on top of the other side's delays and successfully negotiate an acceptable settlement for replacement of the grouting and grout protector and have the defective works rectified at a convenient time, with no further charges.

How did it help?

The kitchen tiling and grouting is now complete and our client is back in the position she would have been had the grout protector not be defective in the first place.

Case handler/fee earner

Luke Andruszewski is a Fellow of the Institute of Legal Executive and specialises in litigation procedure and dispute resolution, advising and assisting in claims involving contract disputes, consumer rightsbusiness legal disputes and personal injury claims.

Case handler comments

The retailer that sold the grout protector and carried out the defective rectification works was difficult to get a response from and unsympathetic to our client's concerns.

I was pleased to be able to get them to complete the work satisfactorily and save our client having to deal directly with them, as their various employees and representatives were slow to respond to letters and calls.

Client testimonial

"I do believe throughout that you have provided a first class service.

"I will recommend you to anyone who needs legal work and call on you in future, should any other work be needed.

"Once again, thank you for absolutely everything. You have turned a disaster of a kitchen into a reasonable room and everyone who has seen it has said how much better it looks now the filthy grouting has all been removed."

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