Who Pays?

[Peterxrm]

I employed a building contractor to build me a disabled persons shower room and bedroom. I paid him progress payments. The main builder I now understand employed sub contractors to do work. The builder, I now find out has not paid a sub contractor, there may be others. The main builder I understand has applied to go broke. A sub contractor has written to me asking for his money. What should I do?

[paulajayne]

The main builder employed the sub contractor so the subbie should claim from them. You have had no contract with the subbie so they have no claim against you.

[EnglandPi]

Your contract is with the main building contractor, it is for him to pay any sub-contractors as they work for him.

You did not employ them so you are under no obligation to pay them.

If the work is not complete, it may be better to employ your own tradesmen, not the sub-contractor to finish the work.

[Peterxrm]

Your contract is with the main building contractor, it is for him to pay any sub-contractors as they work for him.
You did not employ them so you are under no obligation to pay them.
If the work is not complete, it may be better to employ your own tradesmen, not the sub-contractor to finish the work.

Thank you for your response. I am in empathy with the unpaid sub contractor as its a few thousand plus he is short of. The subcontractor's letter to me implies he still owns the goods as he has not been paid for their time or materials. His letter could not have come at a worse time as I was confirmed with the big C 12 hours before and I do not want this worry hanging around us.

[EnglandPi]

If you pay the sub-contractor with whom you have no contract you will still owe the main-contractor with whom you do have a contract.

So in effect you could end up paying twice for the same work.

The sub-contractor may well own the goods in your property but once they are incorporated into your property he cannot interfere or remove them in any way. He would need to get payment from the main-contractor.