Posted By Brenda H Hi there Would appreciate some advice, this is the situation. A subsidiary we have just taken on uses a corgi gas company to do the yearly checks on our tenants boilers. As well as this check we have also specified in the contract they carry out additional things as part of the service (suggested by Corgi & the manufacturer of the boiler). We have asked the question whether they are fulfilling the services as per our contract, which they say they are. We know, as we have our own gas engineers, that they are not and only doing the bare minimum P12 yearly inspection and not the additional aspects which we have specified. We know because of how long they are taking to do the service and other things etc etc. We are required to give them a notice period, and also from a commercial perspective, if we dump them without this, we are left with absolutely no inspections, not even the legal requirement. Given that we are taking reasonable steps to change things, and that we have asked them whether they are doing their service, to which they have said yes, is it reasonable to carry on for the notice period (they are doing the legal bare minimum) until we can make other arrangements to get a contract in place? Any thoughts/previous experiences valued! Thanks

Posted By Martyn Hendrie First and foremost. If you are responsible for ensuring that statutory inspections are carried out you must ensure you meet your duties. That said, if you have specified in the contract that additional items are to be inspected then they are in breach of contract of they don't supply the services they have agreed to provide. In my opinion Your company should write to the contractor pointing out that they are not fulfilling their obligations and require them within a specified time to take remedial action. (You indicated they are currently doing the minimum needed to stay legal) If they fail to take remedial action or disagree that they are in breach of their contractual duties then this is a matter for the commercial people in the organisation to pursue. e.g. withholding payments or making deductions equivalent to that paid for the work not carried out (+ admin charges)

Posted By Brenda H Yep, know contractor is failing to carry out what is in contract, that's not the issue. The contract is quite a big one and the yearly statutory inspections would fall by the wayside if we were to cancel without notice. Anyway, received advice which confirmed what I thought so hopefully sorted.