Contractor not paying subcontractor

[Jane555]

My husband is a builder and recently completed a job for a contractor.

The owner of the property is not happy that the initial problem has not been fully resolved and so is withholding £3000 from the contractor.

The contractor has paid my husband a part payment, but has withheld the £3000 which means that my husband is owed the money and the contractor has received all his money.

My husband's work is not at fault - he did exactly what he was asked to do by the contractor - is the contractor allowed to do this?

 

[Newchodge]

No. Letter before action and follow up with legal action if the LBA doesn't work.

 

[Jane555]

Newchodge, thank you for your response. I have just been told that the contractor has today sent a letter before action to the landlord - should my husband wait and see what happens? What is irking me is that the contractor has received all his money and my husband has paid his subcontractors so the only person out of pocket is my husband through no fault of his own which seems very unfair.

 

[MBE2017]

Newchodge, thank you for your response. I have just been told that the contractor has today sent a letter before action to the landlord - should my husband wait and see what happens? What is irking me is that the contractor has received all his money and my husband has paid his subcontractors so the only person out of pocket is my husband through no fault of his own which seems very unfair.

Crack on, you have to understand you need to chase the contractor for yourself. Even if the landlord pays the contractor there is no guarantee he will then pay you.

 

[Jane555]

That’s great, thank you very much for your help.

 

[pentel]

The owner of the property is not happy that the initial problem has not been fully resolved

It depends on who was supposed to solve the problem. The property owner may have a case, the contractor may be responsible, your husband may be responsible, the brief may not have covered what was needed, someone may have cut some corners to save costs

There are lots of unknowns here.

 

[Newchodge]

It depends on who was supposed to solve the problem. The property owner may have a case, the contractor may be responsible, your husband may be responsible, the brief may not have covered what was needed, someone may have cut some corners to save costs

There are lots of unknowns here.

We have that information

My husbands work is not at fault - he did exactly what he was asked to do by the contractor

 

[Jane555]

It depends on who was supposed to solve the problem. The property owner may have a case, the contractor may be responsible, your husband may be responsible, the brief may not have covered what was needed, someone may have cut some corners to save costs

There are lots of unknowns here.

Part of the job was to repair the flat roof - there was some pooling originally and now the flat roof has been repaired there is still a certain amount of pooling - unless the whole structure of the roof was changed there was always going to be a small amount of pooling - the job was originally going to be an insurance job so there was never a question of the structure being changed. The contractor has sent us copies of the emails he has sent the landlord outlining the above plus a number of other points.

 

[Newchodge]

Part of the job was to repair the flat roof - there was some pooling originally and now the flat roof has been repaired there is still a certain amount of pooling - unless the whole structure of the roof was changed there was always going to be a small amount of pooling - the job was originally going to be an insurance job so there was never a question of the structure being changed. The contractor has sent us copies of the emails he has sent the landlord outlining the above plus a number of other points.

You need to concentrate on the contractual position.
The landlord contracted with the contractor. Any query between the landlord and the contractor is entirely between them.
Your husband contracted with the contractor. Whatever is going on between the contractor and the landlord is irrelevant. If the contractor has complained that your husband's work was poor, then the contractor may try to withhold money, even if the landlord has not complained. Similarly the contractor has to pay your husband's bill even if the landlord doesn't pay him anything.

 

[Jane555]

You need to concentrate on the contractual position.
The landlord contracted with the contractor. Any query between the landlord and the contractor is entirely between them.
Your husband contracted with the contractor. Whatever is going on between the contractor and the landlord is irrelevant. If the contractor has complained that your husband's work was poor, then the contractor may try to withhold money, even if the landlord has not complained. Similarly the contractor has to pay your husband's bill even if the landlord doesn't pay him anything.

That’s fine - had there been any problem with my husbands work then he would have been happy to put it right - the issue that I was wondering about has been addressed fully by yourself - thank you