Anyone good with legal stuff?

[devon]

Hello All

Usual story back in August, builder friends asked for a big favor, new 2 story ext needs 1&2 fit...contracted works finished before xmas & builder & customer asked for extra's ie; sockets, light fittings, update fire detectors etc)...Customer says that the contract wording INCLUDES these but builder is in dispute!

The customer is holding the retention & builder is facing more damage as some of his work has been rejected by the architect & customer...i was drip-fed enough money to keep me on site but now am wanting to chase the outstanding.

I have been in direct contact with the customer for quite some time as he has now had to ask that I finish the alarm system (for example)...the contract only states 'up-grade the intruder alarm system' but is no more cut & dried than that hence my problems...who do i chase?

The builder says that the contract DOES NOT allow for certain things (chrome fittings, only white etc etc etc)...Customer says he has paid, as agreed, for the spec laid out by Architect...i cannot get to the bottom of who owes ME what until they sit down & make 'a list'...! But guess what, builder has vanished into thin air!!

Anyone got a GOOD,close to the knuckle letter i can send in the 1st instance to get this supposed friend (builder) to sit up & take notice.? I will be taking him to small claims otherwise but i need that 'list' so i dont look like a total tool!!

I no in a way ive answered my own question, but my raging fury is clouding my judgment!!

ANY HELP IS APPREICIATED AT THIS TIME

cheers

 

[Zeespark]

Devon, do you have a written contract/specification from anyone on the job?

AndyGuinness

 

[SteveH37]

If the builders done a Lord Lucan then Creek and Paddle spring to mind.

 

[Lurch]

Who are you doing the work for? If it's for the builder then it doesn;t matter what the customer says, the builder owes you regardless of whether they get paid. If you arer working for the customer then it doesn;t matter what the builder says, the customer owes you the money.

In either instance, I think you're going to struggle as by the sounds of it you never actually itemised and quoted with a specification but just vaguely estimated it so tying anyone down to an exact list of what should and shouldn;t be done for what price will be difficult.

I can see you might have to just chalk this one down to experience unless you can convince the customer that when you say 'fit socket' it meant 'fit white moulded socket' etc...

 

[binky]

If the customer asked you to finish fire-alarm, then I would persue him for that directly, otherwise its builder who owes you money. But before you go to court, I would try talking direct to customer - they have the money, and see if you can get some direct payment, for work done / changes to spec.

 

[Evans Electric]

If you were the builder's subbie then he owes you . NOT MANY BUILDERS CAN BE TRUSTED I'M AFRAID. You have now learned this, remember it well, when you find a trustworthy builder, hang on to him.

The same has just happened to me with a so-called shopfitter , I should have known better TBH. Too trusting .

Don't waste money on legals if its a small amount ,even if they rule against him ,they still don't pay.

Edit; Afterthought, send Invoice to Rippemoff Builders Ltd for whatever s owing, he won't pay , but enter invoice in your accounts as a bad debt , at least it can then be set against tax.

 

[batty]

Cor don't start me on bloody builders.

]

 

[NozSpark]

Sounds like you are geting the usual run around from the builder (who you are contracted to) and I doubt you will get any more money from him. As you have no written contract you have 2 options..

1. Invoice him for the full amount detailing the work that you have done (and that it was agreed verbally), the amounts he has paid you so far and the amount owing. Also add a date that you want the outstanding balance by and that you will be adding late payment charges and statutory interest after that date (remember you have to give fair notice).. also say that after a certain date that you will be pursuing the outstanding balance through the small claims court.

2. Go around heavy handed, demanding payment.. if he won't pay you there and then then demand tools / equipment to the value of the amount...... THIS IS ILLEGAL but as he's a "friend" you may get away with it..

As for any further work for the builders client... tell them that you are owed money for the work that you have carried out and that you'll gladly do work for them but that they will have to pay.... also see if they'll pay you some of the outstanding money out of the retention??

 

[wozz]

my approach would be based on how much he actually owes, which you may or may not want to disclose. im not sure the threat of small claims court is worth it if we are not talking about a reasonable sum, as he knows this will be more hassle than its worth and lets face it you have better things to do with your time like earning money.

i suppose it would also depend on what sort of 'friend' he is and how easy he is to track down. my approach may be to go with NOz number 2.

but it may also be the customer could be the one causing the problems here in which case things are different. my mate was knocked by a builder for a reasonable sum, due to the fact the builder got knocked in a big way. They didn't do work together for a while, but now doing loads of work payment is always prompt no problems. if he fell out with the builder big time then there would be no more work.

You really need to know more about the dispute and who is in the wrong.

 

[SteveH37]

go back to the house and ripout all your gear.

 

[ianmacd]

go back to the house and ripout all your gear.

That would be criminal damage.

I would invoice the builder as suggested above and then tell the customer you are unable to carry on while you have an outstanding invoice. They may even settle it. Either way, I would get cash up front for any more work done from either builder or customer direct.

 

[Bez]

enter invoice in your accounts as a bad debt , at least it can then be set against tax.

Not sure if that's strictly true, I think you can put materials through but not labour.

I spoke to the tax office about the very same situation some time ago and was told to put the unpaid invoice through as income, and then also put it through as expenditure, so in other words, no gain, pointless I know but the guy from the tax office told me they like to see it on there.

By the way, I never bothered, I set about recovering my money through a private source, you might say.