Unpaid for materials

[binky]

Having overheard a conversation in the wholesalers, client wasn't paying for work etc etc I was wondering the following.

If a client hasn't paid for materials (or labour), what right has a contractor to reclaim materials fitted to a property? Clearly materials belong to the contractor, but without clints permission how could you gain entry to the house to get said materials in a legally aboveboard way????

 

[Sharpend]

You don't put yourself on that position first. 

Always take a deposit to cover material costs prior to starting job. That way if they pay a deposit they are actually wanting the job done so are more likely to pay the balance, if they change their mind then you simply return the materials. Give refund less restocking charge. 

If they don't pay remainder of balance the most you've lost is your time. 

??

 

[ProDave]

My invoices state that title to material and goods supplied remains mine until paid for in full.

I have never had to put it to the test (nearly had to last year) but I wonder how you would stand legally if you went to the property and removed the stuff you had installed but not been paid for? Would the then be liable for "making good" to as it was before you started work?
 

 

[kerching]

As far as I know it is illegal to remove goods even if you have a clause about 'title to goods etc,' in your contract

HOWEVER somebody I know   :innocent  received a call from a large machine tool company late at night and was asked to attend an industrial unit at 0400 and meet with Big Norm. A large crane 'opened' the doors and Big Norm indicated which machines had to be disconnected. No trouble was expected as Norm had taken some playmates with him

machines were recovered, everybody was happy apart from the company that had not paid any invoices for months

 

[Andy™]

trespass although if you had permission to be there (finishing something maybe?) then i dont think you are breaking any criminal laws by taking back whats yours

 

[binky]

As far as I know it is illegal to remove goods even if you have a clause about 'title to goods etc,' in your contract

This is what interests me, said sparky was citing Big Norm as an answer to the problem. Effectively the law is saying that the customer can effectively steal from a contractor???

trespass although if you had permission to be there (finishing something maybe?) then i dont think you are breaking any criminal laws by taking back whats yours

That is the way I would see it, I don't see how a customer can hold on to goods they haven't paid for

 

[Hefferl]

Builder knocks down unpaid work

I remember this happening. It was a council house and the council gave the demolition their blessing!

 

[binky]

I remember that case. laughed ny socks off, although it didn't really help the builder.

 

[Hefferl]

I remember that case. laughed ny socks off, although it didn't really help the builder.

well, I'm sure it helped him when it came to payment time with other clients..............................

 

[binky]

I've heard of many similar things, like using  JCB to dump soil in driveway and standing by the owners Porche with a drill, all of which have worked apparently.

 

[Andy™]

you should also make sure you pay for your skips....

 

[steptoe]

13 minutes ago, Andy™ said:

you should also make sure you pay for your skips....

if, and only if,

you can take the materials without breaking the law, trespass etc, then yes, you must re-instate to the same condition it was beforehand,

a bit difficult on a re-wire, WTGrape do you find 1970s wallpaper at these days, and asbestos containing artex,?  :C

 

[rapparee]

It's illegal to pull out materials. Electrical cables and accessories are not chattels that can be recovered. They actually become part of the fabric of the building.

Big norm's machines are different because they are chattels.

How do i know this? I have a degree in law.

 

[Sharpend]

Which aspect of law Rap?

 

[binky]

so what about easily detached accesories like sockets? Cables in walls - you have to vandalise the property to recover.

 

[Evans Electric]

I was always led to believe that we don't have any right within the law to reclaim our materials in case of non payment .

I do remember , when employed,  working on a school extension ,  the boss phoned me on the builder's site phone to say he'd been warned the builder was going ponto , and action was being taken the next day,    wait till they have left site then get everything you can of ours off site  ...another two of our vans would be coming over ....all power tools , pipe benders , steps, all the light fittings , any dist. bds not fixed ..............get the lot back to the yard , as we would all be locked out tomorrow and would have to claim to get our own gear back . 

 

[rapparee]

Which aspect of law Rap?

It would come under tort law.

so what about easily detached accesories like sockets? Cables in walls - you have to vandalise the property to recover.

Removing sockets is no big deal to us but for normal people that is also vandalism. What you should be doing is going to recover your losses for breach of contract be it written or verbal.

 

[Evans Electric]

It's illegal to pull out materials. Electrical cables and accessories are not chattels that can be recovered. They actually become part of the fabric of the building.

Big norm's machines are different because they are chattels.

How do i know this? I have a degree in law.

Ah  Rapparee,   You will be , henceforth & herewith , thereafter  known as Rumpole of the Bailey :innocent

 

[binky]

Hmmm, recovery of materials is part of recovery of losses incurred shorely?

 

[steptoe]

It's illegal to pull out materials. Electrical cables and accessories are not chattels that can be recovered. They actually become part of the fabric of the building.

Big norm's machines are different because they are chattels.

How do i know this? I have a degree in law.

ah,

I was under the wrong impression then,

duly noted.