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Warning for New Home Build cleaners.

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  • Warning for New Home Build cleaners.

    My Daughters partner has run a window cleaning business for many years. Eighteen months ago he started a sideline business doing 'Builders Cleans' on new built houses. I helped him for a few months. He invoiced each month for the houses cleaned and was initially paid by the various companies he cleaned for. The majority of the builders expected more cleaning than would be expected and were quoted for. However after a few months, delays in payment of invoices started. Their reasons were usually that the cleans were not adequate. Some cleans were virtually impossible as there would be no water or electricity available, so dark rooms were virtually impossible to clean. There are so many problems with the building companies I will not go further into that side of things. I will warn anybody thinking of taking up this work, to think twice, as we have found out, building companies are notorious for doing this and what happened next.
    One major Builder did not pay an invoice between November and the following February, quoting all kinds of reasons, from non arrival of invoice to promising the money would be paid the following week. Eventually we had to stop cleaning for them, and the others, because, with no money being paid, he could not carry on. Eventually he had to take the Building company to the Small Claims Court as he was owed around £15,000. The outcome was that he lost his case. The judge said, that whilst he understood the reasons for stopping cleaning, he had in fact broken the contract by not going in to clean when asked. The judge asked whether the Building Company had ever refused to pay, and he had to answer that they had never refused, just delayed to the degree that they did not pay, only told him that they would talk about payment when he returned to clean the properties needed. They also stated that they had to get in another cleaning company to complete the cleans needed and had to pay them. He asked the judge why they could pay other cleaners and not him, but got no answer to that. We presume this new company will end up with the same problem eventually.
    If anybody is thinking of doing this work, or know somebody who is thinking of doing it, then get them to make sure the wording of the contract covers regular payments being made.
    My daughters partners Solicitor, stated that it is common for Building Companies to follow this practice. It is believed that a Building Company will, on a four year build site, work their way through six or more cleaning businesses through non payment. It is a practice that should be made illegal.
    Tags: None

  • #2
    Re: Warning for New Home Build cleaners.

    I am assuming that the building company counter claimed for breach of contract, is that right?

    Comment


    • #3
      Re: Warning for New Home Build cleaners.

      Hi Anthony. I was not in court and my friend did not say whether the Company had put in a counter claim. As I understand him, the company just stated that he had broken his contract by not returning to work. I can ask, if it makes a difference.

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      • #4
        Re: Warning for New Home Build cleaners.

        Construction law is a specialist field that many solicitors are not familiar with. It is an industry with a different language and has laws all of its own.

        You needed the services of a solicitor or claims consultant familiar with the Housing Grants, Construction & Regeneration Act 1996 or The Scheme for Construction Contracts Regulations 1998. You most probably had the legal right to suspend work for non payment, but subject to certain criteria. You could also have commenced adjudication long before the court case and probably won.

        Don't let this setback stop you, learn from it and move on. ALWAYS read the contract BEFORE you start any work.

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        • #5
          Re: Warning for New Home Build cleaners.

          Thank's Ripped-Off. He will not be doing any more build cleans, he can earn more sticking to his window cleaning. I suppose as judgement has been passed ,he cannot go back to court with the correct Lawyer can he?

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          • #6
            Re: Warning for New Home Build cleaners.

            Possibly, that is what the appeals process is for. Have a word with a solicitor and see what they suggest about an appeal.

            Comment


            • #7
              Re: Warning for New Home Build cleaners.

              Thanks for the info.

              Comment

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