Who is liable for this mistake?

[BlueBadgers]

We are having new windows put in our house

Some are straight replacements, size wise, and some are brand new openings.

Our architect arranged for a window survey to measure the openings and the sizes were sent to the window manufactureer (they do not survey or fit).

The manufactures drew up the windows and sent us a file to review. Our architect checked the sizes of the drawn window as against the survey and it all matched up.

We then went through various iterations of window drawings to decide on the style of the window (how many bars on the windows etc).

Somewhere along the way the manufacturers made an error on one of the new drawings and shrank one of the windows by the width of the frame.

The architect and I did not spot the reduction in size as we had no reason to believe the sizes had been altered after checking the sizing on first drawing. No changes were being made to the openings, just they window style.

The window manufactuwres are saying that they are not liable as the last set of drawings sent, after we had agreed the window style, contained the incorrect sizing and that we approved the windows.

Who is liable for the cost of the replacement window?

• Can you prove that THEY shrank the size?
• Do you have evidence that they received/acknowledged the correct measurements?
• Did they send you a form to double-check and sign off on the final measurements?

If the wrong plans came back to you, and you signed them.....

Sounds as if you gave your approval with out checking so it’s on you. Sorry.

They definitely shrank the size. It was an error in their use of CAD software. They acknowledge this.

The sizes were checked when they drew up the windows (they were correct) then our architect didn't check the sizes after this set of drawings as we had no reason to think the size would have altered.

The changes were to do with the style not the size so when I approved the drawings I believed I was approving the design changes.

I have no legal knowledge at all but I think everyone is a bit at fault...the original manufacturer for making the mistake and then architect and you for not fully triple checking the final plans.

Would it be possible to split the cost of the mistake between the three of you? I think you all bare some responsibility.

I expect the window company would have small print saying I’m they are not liable for checking the sizes are correct. If they sent you the latest drawings and you either confirmed them to be correct directly or by omission, then it on you. I would bite the bullet and talk to the window company and see if they are will meet you half way or give u a discount on the replacement window.

How annoying OP. Can you ask trading standards for advice?

So they acknowledged that they have made a mistake but are trying to say that they are not liable because you didn't spot it. However, at the point at which they asked you to check the design they did not ask you to check the size, just the design itself.

I think they're trying it on and I'd expect them to bear the cost. How easy or possible to force them to do so, I'm not sure about.

They will be covered by their terms but given they've admitted they made an erroneous change to the window size unprompted by you and after the initial sign off I would push for a FOC remake.

The window company are liable:

1. They made a mistake in the design. They knew the approved measurements and unilaterally changed them due to a software error. Likely to be both a negligence issue plus a breach of contract.

1. The windows are not fit for purpose as they don't fit. Breach of legislation which overrides any contract terms purporting to say otherwise.

1. Re "small print" you are an individual customer so their terms have to be reasonable - they can't just put any old shit in the contract. Well, they can but if would be unlikely to be upheld in court, and also consumer rights legislation overrides contradictory contract terms.

TL:DR - keep kicking them until you get the right windows.

Sorry about the formatting, site keeps changing it to 1.

I agree with this.

A little legal knowledge is pretty dangerous.

No, that certainly wouldn't be possible as that would be utterly fucking stupid.

I agree it's their fault. They had the survey measurements and the implications is that the windows need to fit those measurements. No,one instructed them to change the size from the correct ones.

Was the changed measurement on the drawing (so the number changed from one to the oither) or was the drawing a different size with no other indication? Don't think it changes their responsibility but most people don't have a scale rule to check these things.

I'm a draftsperson and it's sensible to always indicate where changes have been made to the drawing because any number of tiny changes could have been made and it isn't the job/responsibility of the client to hunt them down by eye especially if they aren't supposed to be there.

The company have admitted their error so I don't know why they are arguing. Were you supposed to check every style variation for every tiny change?

What are the window companies terms and conditions? If there was a final set of plans that you signed off without realising the size had changed then unfortunately I think it’s on you, even though the window company have admitted the size changes.

usually when placing an order for anything bespoke the final onus is on the buyer to checl

Update!

They have (reluctantly and crossly, whilst saying we should have checked) agreed to a replacement free of charge.

For those asking, there were not any terms attached when they sent each new stylistic variation through for "approval". The drawings did show the sizes but we didn't re check these after the initial correct version was sent.

Once we had the style sorted, the last set of drawings (which by this point included the wrong one) was approved over email.

What a rude response to someone who wasn’t rude to you or the OP !

Someone got up on the wrong side of the bed today ?!

I get sick of people giving duff advice on legal threads. It could prove costly or in some cases dangerous should they follow the wrong advice.

It really bloody isn't.

Great stuff. Good job you didn't listen to people telling you to hold your hands up for not checking properly.