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Threat of Court action

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  • Threat of Court action

    Hi Fortunately its been a while.

    I undertook a contract a couple of years ago as a sole trader (I am now Ltd), one part of the wrks required me to sub it out.
    Phase 1 went well but phase 2 didn't
    The same suby undertook both phases of his trade but phase 2 he messed around and it took 6 months to finish a 10 week job.he never finished as I had to but he was paid 90% .
    The wrks he undertook have failed as the client has had a independent survey carried out.
    Ive inspected and agreed, last December I agreed to rectify wrks, the suby has gone to ground.
    These wrks have to be dry and warmish.
    The Client asked me to also look at other areas to quote and quote to do the original failed wrks in a more expensive material which I supplied, he asked several times for time scales and I said I could provide once the weather picked up.

    I received a Without prejudice email back in April (still too wet) requesting start date for wrks or repayment I replied once I know which other areas if they require then I will book scaffolding/trades etc

    I got no reply then asked for a meeting where I was told they have lost faith in me and demand to be re paid.
    At the meeting I stated I am willing to rectify wrks as I have said all the way along but how could I organise if not told which other areas required
    No I know another contractor is on site on another area and I believe they wish him to do it in a more expensive spec and are hoping I agree so they can get me to pay for it, which means a big hit for me.
    They have now said a solicitor has been instructed.

    Now the weather is improved I could be on this now.

    One other point this was on a development which I was instructed and paid by a Managing agent on behalf of a committee of directors, the Agent is now saying it has nothing to do with his company now and I need to deal with the directors direct, All previous communication/payments has been through him.

    All advice appreciated

    Tags: None

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