Building work amd sub contractor

[Pawly555]

Hello. My Son Took on a stubby for some work but stubby cocked it all up. Customer allowed subby to try and fix the clock ups but he made it worse!! Customer told my Son to leave the site as he had lost confidence. No bad feelings between them. But now the subby has sent threatening letters to my Son demanding his wages. My Son lost the whole contract which was worth thousands!! Please help and advise what we can do. I think he is bluffing as he would have started a claim. Then Son could counterclaim I think? Should we wrote subby a stiff letter? Thank you for any help.

[Pixie]

Re: Building work amd sub contractor

I'm sorry I can't help you but I'm sure there'll be someone along that can.

[diddlydee]

Re: Building work amd sub contractor

All I can say is what I would do in that position.

I'd write a full letter to the sub-contractor advising him of the reasons WHY you aren't going to be paying him. Be as thorough as possible with your reasons and list any losses that your husband has suffered as a result of his incompetence. Keep the letter professional - think of it as potential evidence to be used in court.

Post it with proof of delivery (free from a post office) and keep a copy for yourself. That way, it will make it much easier to fight if you do get a claim issued against you.

[Never-In-Doubt]

Re: Building work amd sub contractor

It all depends on how your son employed the subby. If it is a mates agreement then your son shouldn't worry too much but if there's an agreement in place the terms of that ought to cover such a scenario.....

[Pawly555]

Re: Building work amd sub contractor

Hello. My Son Took on a stubby for some work but stubby cocked it all up. Customer allowed subby to try and fix the clock ups but he made it worse!! Customer told my Son to leave the site as he had lost confidence. No bad feelings between them. But now the subby has sent threatening letters to my Son demanding his wages. My Son lost the whole contract which was worth thousands!! Please help and advise what we can do. I think he is bluffing as he would have started a claim. Then Son could counterclaim I think? Should we wrote subby a stiff letter? Thank you for any help.

Hi. No official agreement in place just a friendly agreement. But so called friend has done the dirt. My Don has lost out on about 8k. Should he just put in a claim first or write a firm letter? Thank you for your input.

[CleverClogs (RIP)]

Re: Building work amd sub contractor

As I see it, there are two problems here:

1. your son, S, had a contract with a customer, C, and
2. your son engaged a subcontractor, W, to carry out the work

Whether it was the result of stupidity, carelessness or inadequate supervision, W buggered it up. Instead of getting your son involved, the customer told W to fix it and W made matters worse, whereupon C broke his contract with your son.

Now W wishes to be paid for his inadequate work.

You have not said what was the nature of the work to be done, nor the nature of the faults noticed by the customer - were they just minor snags or were they the sort of mistakes no reputable craftsman would make? Nor have you intimated the nature of the colloquy between your son and the customer; if the customer had permitted your son to remain on the site, could your son have rectified the work or could he have used another - better - subcontractor?

And how did your son engage that subcontractor? I know that he was engaged on a verbal contract, with nothing in writing, but how did your son meet him?

Did your son have a written contract with the customer and, if he did, what were the terms (if any) about subcontractors, quality of work and payments to be made? Who paid for the materials used?

[Pawly555]

Re: Building work amd sub contractor

Hi

Will try to keep this simple.

Subby is a family friends son!
It's building work. Walls and paths. Not just snagging, major faults.
Son could easily fixed it himself or with a bricky he knows and uses.
Yes there is a contract between son and customer. Will check this out.

Thanks for helping.

[CleverClogs (RIP)]

Re: Building work amd sub contractor

I take the view that the customer broke his contract with your son not when he ordered your son to leave the site, but when the customer told the inept workman to correct his mistakes rather than contacting your son and letting him fix the problems. Hence, the customer was directing the workman himself and should therefore be liable for any wages due to the oaf for his second attempt.

[Pawly555]

Re: Building work amd sub contractor

Hiya. I will check this out. Very interesting! Will get back to you. Cheers.

[Pawly555]

Re: Building work amd sub contractor

Anyone got a letter before action/claim? Thank you.

[CleverClogs (RIP)]

Re: Building work amd sub contractor

I presume the claim will be against the customer?

Did the customer actually pay anything? If the customer made an initial payment, did that cover the cost of the materials?

[Pawly555]

Re: Building work amd sub contractor

Hi. I think the claim is against the subcontractor as he has caused son to be out of pocket and the client cancelled the rest of the job. Also had to pay more out to rectify the problems.

Thank you

[Pawly555]

Re: Building work amd sub contractor

Will check about payments.

[CleverClogs (RIP)]

Re: Building work amd sub contractor

There may be little sense in claiming anything from the subcontractor, as he might not have enough money or other assets to satisfy any judgement against him. He might also have the defence that your son knew he wasn't really capable of the work and that he had depended on supervision or instruction from your son, which supervision/instruction was not forthcoming or which proved inadequate. It doesn't matter much if that excuse is not exactly truthful, as the case would be decided on the balance of probabilities - whether that tale was more likely than not to be true.

[Never-In-Doubt]

Re: Building work amd sub contractor

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