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Money claim notice/ advice please

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  • Money claim notice/ advice please

    Hi, back in 2020 I undertook some wrk for flats , the instruction was was from the management agent not the management company ( board of directors ) all went well.
    2024 same thing and the Management agent was also instructed to oversee the wrk . all payments instructions came from the Management agent.
    My sub contractor let me down and some areas failed, I meet with the board of directors and agreed to rectify but no instruction was ever given even though I chased , they even asked me to quote for other wrk.
    last week I have received a money claim from the Managment company for 3 times the value of the wrk and they also add I was given incorrect specification from the managment agent and I suspect that is why the claim is so high.

    so can they chase me direct rather that to the agent, who in turn would in turn chase me?
    also any other advice much appreciated
    thanks in advance
    Tags: None

  • #2
    Your post is a little incoherent but I'’ll do my best.

    Firstly, an instruction from the ‘management agent’ IS on behalf of the management company. So, if you were furnished with incorrect specifications for the work, any defects in the work which can be attributed to that is not your problem.

    Secondly, you do not need any instruction to put right any defective work which occurred wholly due to poor workmanship by you or your subcontractor.

    If you did not put right the defective work the management company can certainly sue you directly for that failure.

    Without much more information I cannot go further, but I hope my writing assists in bringing clarity to your situation. On the question in your final paragraph - an agent cannot sue or be sued under a contract between principals.

    Please post up the document you received from the management company, which I think is likely to be a Letter of Claim.

    Comment


    • #3
      Yes, the principal can sue you: you were engaged on their behalf by their agent.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Guides and handbooks for Litigants in Person - :

      https://legalbeagles.info/forums/for...60#post1701560

      Comment


      • #4
        Hi again
        I’ll try to make it more clear , fortunately I’m a bit rusty.

        2020 wrk begins and is finished, signed of and paid

        2022 second phase starts as well as small extra wrks
        Client not happy with 2 nd phase , appoints a surveyor who condemns the wrks not the small extra wrk.
        I agree and offer to rectify ( my sub contractor let me down and has since wiped his hands if it) they also ask me to quote to upgrade the specification which I do .

        I chase for a decision which specifications they require so I can arrange trades and my last email June 2024 I’ve heard nothing since.

        I now receive a claim for double the original cost which includes the extra wrks which were never in contention and not in the surveyor report, also the are adding extra cost as they are including the higher spec application as they state they now disagree on the spec I was given to wrk to by the management agent.




        I am still happy to carry out the wrks but unsure which direction to take
        Thanks in advance

        Comment

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