crimsonsunset Registered User
#1

I recently got gardening contractors in to level out and set lawn seed around new house. The job turned out very badly (lawn not level, full of stones and grass very patcy and full of weeds). We had been told that we would end up with a level lawn and that all stones would be removed before the lawn seed was sown.

I brought the fact that I was not happy with the levelling of the lawn to the attention of the gardening contractor during the work but he said that when the stones were removed and it was raked properly it would be fine, and thus I allowed works to continue. I had paid some money in advance for the work, but as the lawn is in such anawful state and will have to be completely re-done from scratch I refused to pay the balance due.

Last week I received a letter fron the contractors solicitor demanding payment, and subsequently a civil summons to have the matter resolved in the district court....

Jev/N Registered User
#2

Part IV, Sale of Goods and Supply of Services Act, 1980

http://www.irishstatutebook.ie/1980/en/act/pub/0016/print.html

No advice in this forum unfortunately. Talk to your solicitor

crimsonsunset Registered User
#3

Sorry for asking for advice, and thank you Jev/N for the link, its more the law in this area that I'm interested in so I can have a look at it and be familiar with it myself.

The contractor's solicitor has suggested that the terms of the Late Payment in Commercial Transactions Reguations 2002 are applicable and has written so in a letter to me. I beleive this is not so where one of the two parties is a consumer, as in my situation. Also, the contractor's solicitor stated in the letter accompanying the court summons that I would need to return my notice of intention to defend the action to himself and to the office of the district court not later than 10 days from the date of his letter, although it clearly stated on the court document that I did not need to return such documentation until 7 days before the date of the court sitting. It seems strange that a qualified professional would make such mistakes

Tom Young Moderator
#4

Charter breach.

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