A Broughty Ferry couple are entitled to £11,750 from the joinery company asked to install windows as a 40th anniversary present from the husband to his wife, a Dundee sheriff has ruled.
Angus Joinery, of Tannadice Street, sued James and Valerie MacKay of Long Lane, for payment.
However, Sheriff Richard Davidson found in favour of the couple, ruling the installation of the windows had not been satisfactory.
The firm has confirmed it intends to appeal the sheriff’s decision.
The sheriff’s judgement states that around October 2009, the company and the MacKays entered into a contract for the supply and installation of six hardwood sash and case windows at a cost of £8280.
The work began in December 2009, with the bulk of it completed in five days.
The sheriff’s report said, “The installation was not satisfactory. There were a significant number of defects, some of which were minor and remediable.
“There were several major defects most significantly, the main window upstairs appears out of alignment and not plumb.
“Additionally, various attempts to rectify some of the defects had led to patching of the wood with significant variations in colour beyond the norm for natural timber, creating the impression of patching.
“The defects were the result of poor installation rather than poor manufacture.
“The defects cannot be rectified by repairs, as that will produce a result that is increasingly unacceptable in terms of the patched appearance of the woodwork.
“The only viable solution is the complete replacement of the windows.”
Company employees had given evidence regarding Mr MacKay’s attitude to them, and the sheriff decided that “insofar as Mr MacKay may from time-to-time have sworn at the Angus Joinery workmen nothing which he said or did was of such significance as to cause any material upset or distress to any normal person.”
Sheriff Davidson said the couple “had suffered considerable distress and inconvenience as a consequence of the company’s material breach of contract and the prolonged disruption to their home comfort,” and that “they will suffer the further inconvenience as a consequence of the process of removal and replacement of the windows before the purpose for which the contract was entered into is achieved.”
He awarded the MacKays damages of £11,750 with interest at 8% from March 3, 2010, until the sum is paid in full.
A spokesman for Angus Joinery said, “We are bitterly disappointed with the decision and plan to launch an appeal. As such it would be inappropriate to comment further.”