Mercian measurement query

hey all -

Quick bit of advice would be appreciated. I went up to Mercian in January to get measured up. Having riden some similar sized frames back in London after I got measured I began to get worried I had got my dimensions wrong and gave them a call to say I would like to come back up to get redone. They said fine, come up as the frame is no where near built.

I therefore went back up, got remeasured and added an extra 1 cm onto the top tube as that felt better.

Now they have just called me to say, whoops, actually the frame has been built before they could pass that new top tube length to the shop so they can't do my new measurement.

I am slightly pissed as I have wasted the cost of going up there and a whole day of my life in Derby again (sorry for anyone who lives in Derby). Also I am trying to work out whether the 1cm out frame is a big deal for me. The whole reason I went for a custom fit is because, well, I want it to fit. However I do recognise that 1cm diff in the top tube is no great thing. Basically I am thinking about the below and any thoughts you guys have would be much appreciated:

a) telling them I want them to redo the frame and make it the correct measurement (as to put it mildly mercian charge a ridiculous premium and it should be right)

b) tell them I am pretty pissed and ask for a reduction in the frame cost to take account of my wasted costs/ time etc.

Any opinions?

if the BELOW post is true then why did you post the ABOVE? the below post kinda goes legal and difinitive, no?

please forgive me if i am missing something.

yours confused

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.