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@bump
In a strict legal sense (I have the misfortune to be a lawyer in my day job but normally never extend it across to my life) they are at fault. We had a contract to build the bike, we both agreed to vary it (by me coming up to remeasure, them agreeing to this and them accepting the alteration to the specifications I gave them) and they then, in breach of that, went ahead and built the frame. if it is considered a material breach I can terminate the contract and claim damages. If not considered a material breach I can just claim damages.
they may be a small bike company but the margins they must make on the bikes are not insignificant and I am a far far smaller individual with far less margins.