GDPR AND CONTRACTOR

[stclare]

Good morning hopefully someone will clarify this for me for future reference.

We were contracted by a customer and there builder to carry out some works on there property. We carried out this work and both the customer and builder were there throughout. However the customer has made us wait for payment due to queries relating to the builders work, we responded to there letter confirming it was down to the builder.
My GDPR query is, if the customer has already given us permission to carry out the works through the builder can I show the builder the complaints? I am worried that showing him or having him comment on there complaint is passing on private information but it is only information directly linked to the works carried out (not there email/telephone etc as he already has it!) and our possible response.

Thank you

 

[Blaby Loyal]

It might be helpful if we go back to the beginning.

How was the contract set up? Who do you have the contract with, the builder or the customer?

Are there two separate contracts e.g. customer-you and customer-builder or you-customer and you-builder?

 

[stclare]

"How was the contract set up? Who do you have the contract with, the builder or the customer?"

we were introduced to the customer via the builder they are family and there was no hard contract signed just verbal instruction. This came from the customer direct and also from the customer via the builder. The only thing we have in writing is the list of jobs to do and the quotation we provided.

 

[Blaby Loyal]

OK - to whom did you provide the quotation? On the face of it that'll be a starting point to determine who your implied contract will be with.

Who is family - the builder or the customer. I presume the builder but please confirm.

 

[Blaby Loyal]

A possible solution to diminish GDPR nonsense would be to offer a without prejudice site meeting with the builder and customer to inspect and review the "queries" the customer has raised.

That way the builder can hear it from the customer direct and at the same meeting, if appropriate, you can also affirm your position that you are not responsible for the building works nor the rectification works and leave it for the builder to resolve with the customer.

Unfortunately, the way the contract seems to have been operated does appear to provide the customer with a genuine reason not to make payments until the works have been completed as specified.

 

[stclare]

OK - to whom did you provide the quotation? On the face of it that'll be a starting point to determine who your implied contract will be with.

Who is family - the builder or the customer. I presume the builder but please confirm.

The quotation was provided to the customer, however the builder has been sent a letter by the customer instructing him to deal with the problem (us) Whilst also sending us a letter to rectify the situation.

The builder is related to the customer and it seems we have got caught in the middle.

At present I have only spoken to the builder about the problems but he is now requesting a copy of all the letter and correspondence we have received that contain reference to him.

 

[stclare]

A possible solution to diminish GDPR nonsense would be to offer a without prejudice site meeting with the builder and customer to inspect and review the "queries" the customer has raised.

That way the builder can hear it from the customer direct and at the same meeting, if appropriate, you can also affirm your position that you are not responsible for the building works nor the rectification works and leave it for the builder to resolve with the customer.

Unfortunately, the way the contract seems to have been operated does appear to provide the customer with a genuine reason not to make payments until the works have been completed as specified.

We have offered to meet them and have continued to do so for several months, however they refuse to allow access or respond in any other way but email.

As far as im being told all the queries they have raised were also raised direct with the builder and have been rectified.

 

[Bob Morgan]

How had we used to manage?

 

[Newchodge]

The quotation was provided to the customer, however the builder has been sent a letter by the customer instructing him to deal with the problem (us) Whilst also sending us a letter to rectify the situation.

Could you try putting that into English?
You provided a quotation to the customer? Did the customer contact you to accept the quotation?

 

[stclare]

Could you try putting that into English?
You provided a quotation to the customer? Did the customer contact you to accept the quotation?

My apologies, I will try to clarify.

The quotation was handed to the customer in the presence of the builder. The quotation was verbally accepted then and there.

The builder was then instructed by the customer in writing to deal with us as they were not present during works I.e all access and on site instructions and queries.

The builder has now requested the letters we have written to the customer in response to there queries.

The builder has requested these as he has also not been paid the final instalment and is looking to take legal action.

The builder believes he has a right to them as they contain direct reference to him and because of the letter he received from the customer instructing him to deal with us.

Our letters of response too the customer are all emails, as they gave instruction after we finished work to only contact them this way, which I confess I found odd.

 

[Newchodge]

That sounds to me as if your direct client was the customer and asked the builder to act as their agent in overseeing your works. There should, therefore, be no reason for a dispute between the customer and the builder to interfere with your payment. You are entitled to notify the customer, in writing, of this and request payment within 14 days or you will commence legal proceedings.

Is the builder a limited company or a sole trader? I believe the rights to information relate to personal information. I am not sure whether information about a sole trader's business counts as personal information.

 

[stclare]

That sounds to me as if your direct client was the customer and asked the builder to act as their agent in overseeing your works. There should, therefore, be no reason for a dispute between the customer and the builder to interfere with your payment. You are entitled to notify the customer, in writing, of this and request payment within 14 days or you will commence legal proceedings.

Is the builder a limited company or a sole trader? I believe the rights to information relate to personal information. I am not sure whether information about a sole trader's business counts as personal information.

Thank you for your reply.

We are both limited company’s

The only personal information in the emails aside from the queries are the email address of myself and the customer. The builder already has both of these.

 

[Newchodge]

Thank you for your reply.

We are both limited company’s

The only personal information in the emails aside from the queries are the email address of myself and the customer. The builder already has both of these.

Then he has no right to the information.