suprasport Posted January 11, 2006 Share Posted January 11, 2006 need some advice off of people in the know, and sorry this is long, have cut it as short as possible. i have my own building company, and we have/had a contract to build an extension. we were half way through the build when i asked for the next installment of £5,000 (20/12/2004) the customer turned very strange and started being funny with me, and refused to pay, but would not give me a valid reason. on the 3/01/05 the day before we started back i had a phone call saying they did not want us back, but again would not give a valid reason. when asked was the workmanship upto standard they replied yes, when asked if the amount of work was enough they answered yes. all i got when i asked why was "err i don't know we just do" they have had extra expenses of £10,000 on top of quote because of problems with groundwork which was out of my control but £10,000 was only half of what i should have charged them for the work involved but i knew they were struggling. because of losing this job i have had to lay my builder off, and it has been going through my head that they cannot afford the extension with the extra's so are they getting a local builder in to cut down the costs. today an employee of mine hand delivered a final demand for the £5,000, only to find that my builder who i had laid off is there working on the extension via the customer. i will take the customer through small claims for the money if they do not pay, but (and this is the point) surely this situation between my builder and them cannot be right. where do i stand, how can i prove they got there heads together to cut me out, are they in breach of contract thanks in advance Link to comment Share on other sites More sharing options...
Darren Posted January 11, 2006 Share Posted January 11, 2006 I'd have a word with your builder regarding his work ethics! :swear: Surely you could take hime to court too!!! Link to comment Share on other sites More sharing options...
suprasport Posted January 11, 2006 Author Share Posted January 11, 2006 I'd have a word with your builder regarding his work ethics! :swear: Surely you could take hime to court too!!! i've had people talking me out of having words with him all day because i would get in trouble as for him in court that was what i was thinking but not sure if i can, or on what grounds (legally) and the customer for employing him, or even having any work done until i have had the chance to survey the work done by my company Link to comment Share on other sites More sharing options...
Class One Posted January 11, 2006 Share Posted January 11, 2006 Me thinks you need to get some proper legal advice. If you can't afford a solicitor got to your local Citizens Advice Bureau. They are very good and completely free. As for pursuing a claim in the small claims, I think (but I'm not entirely sure) your £5k claim is over the threshold limit for what they deal with. My personal opinion is that both client and builder have had you over and this amounts to a breach of contract on both parts. Link to comment Share on other sites More sharing options...
Prof. Monkey Posted January 11, 2006 Share Posted January 11, 2006 Sounds to me that your builder, had been discussing the matter with your customer and got confident enough to think that he could offer the services to these people without your inclusion. He obviously thinks that he can do better without you, but considering that your work is by word-of-mouth I am sure that when people hear that he screwed you over, people will be less likely to use him. What he has done is underhand and damn right rude. As to the contract with the customer, surely you need the advice of a solicitor, there must be some on here? Good luck my friend. Link to comment Share on other sites More sharing options...
Pig Posted January 11, 2006 Share Posted January 11, 2006 Def. breech of contract with the customer. However i think the builder walks free! Link to comment Share on other sites More sharing options...
Guest Terry S Posted January 11, 2006 Share Posted January 11, 2006 Do you have a contract stating the full amount of the orginal quotation? If so you can go for loss of profits against he client for breach of contract. More difficult with the sub-contractor, but if you can prove he worked for you, and that his works under you are now being undertaken direct, again, you can go against him for breach of contract and Loss of profits. Do you owe him money? Lastly, were the variations in writing to the client? Link to comment Share on other sites More sharing options...
Whitesupraboy2 Posted January 11, 2006 Share Posted January 11, 2006 Also get down there tomorrow with Vid camera or someone else should i say, should get down there You want VIDEO evidence!!! sorry to hear this though mate Link to comment Share on other sites More sharing options...
Darren Posted January 11, 2006 Share Posted January 11, 2006 You have been F@cked over do something about it! I would make sure you tell the builder that you will be letting everyone in the trade know he has shafted you and that he cannot be trusted on subcontract work. I would get legal advice on sorting both parties legally too. Link to comment Share on other sites More sharing options...
suprasport Posted January 11, 2006 Author Share Posted January 11, 2006 thanks guys, there was a written contract between me and customer, the extra work was verbal but they are not arguing the point and have numerous witnesses to the conversations, should have charged them full whack (i'm way to soft) as for builder i can prove he worked for me on the contract, he isn't owed any money, as for court the threshold is under £5,000 so i will give them a discount of 1p the video camera is a good idea as well Link to comment Share on other sites More sharing options...
Guest Terry S Posted January 11, 2006 Share Posted January 11, 2006 thanks guys, there was a written contract between me and customer, the extra work was verbal but they are not arguing the point and have numerous witnesses to the conversations, should have charged them full whack (i'm way to soft) as for builder i can prove he worked for me on the contract, he isn't owed any money, as for court the threshold is under £5,000 so i will give them a discount of 1p the video camera is a good idea as well You should go for loss of profit too. Can you prove the variations are extra to contract? If so you are entitled to fair and resonable payment for the works, and as you have only verbally told them a cost, nothing to say you cant now apply for an additional payment upto a fair and reasonable amount They've started the game, you just make sure you win mate. Link to comment Share on other sites More sharing options...
michel lane Posted January 11, 2006 Share Posted January 11, 2006 I think you are going off track here , your contract is with the customer not the builder that worked for you. Can can achive more by taking the customer to court then the builder. I had an experiance such as this, when a client decided to stop the work about 50% through, then i discovered the subcontractor that i used , was finishing the job off behind my back . The customer paid me for the work that i have done 50% of the bill , but why should i accept 50% when we had done nothing wrong . I sued him for the full job directly , because he was in breach of contract. Within 1 month of getting the court summons i got my money without going to court. Forget about the subcontractor , it wil drag on for a long time , the only person that benefits are the lawyers, go for the person you did the extention for , he has more to loose ther the builder . Keep focused on the customer it does not matter what people say about the contractor. word of advise in the furture , anyhing that is agreed or said , put it in writting and get a signiture , i have learnt from this many times .hope this helps Link to comment Share on other sites More sharing options...
suprasport Posted January 11, 2006 Author Share Posted January 11, 2006 once again thanks for the advice, this is not the first time, the last one i have just sorted out through threats, his wife left him and took our money so in good faith i finished the job and went back 3 months later for the money he had promised me and he started avoiding me. so i went to see him and started taking his roof off without knocking he coughed up an hour later, i was calling his bluff as i had no legal rights but it worked. and they go on about cowboy builders all the time what about the customers they are always right (aren't they?) Forget about the subcontractor , it wil drag on for a long time , the only person that benefits are the lawyers, go for the person you did the extention for , he has more to loose ther the builder . Keep focused on the customer it does not matter what people say about the contractor. word of advise in the furture , anyhing that is agreed or said , put it in writting and get a signiture , i have learnt from this many times .hope this helps totally agree mate and thanks, always did like learning the hard way They've started the game, you just make sure you win mate. too right mate, cheers for the confidence boost all of you. will let you know what happens Link to comment Share on other sites More sharing options...
suprasport Posted January 11, 2006 Author Share Posted January 11, 2006 btw. i am not one for talking about my problems or asking for advice. so why i did it in on a public forum i'm not sure but it must have something to do with the absolutely great atmosphere, friendship, and helpfulness everyone shows on here. so to mkivsupra.net :clap: :clap: Link to comment Share on other sites More sharing options...
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