indemnity clause in contract

[bigdave2683]

Refering to my last post, the last company I worked for have refused to pay me and are ignoring my calls and emails. They withheld £163 from my last invoice as the house I was working on wasnt completed in time, but then my last invoice has been ignored complete. They now owe me nrnearly £1000 with no explanation as to why they havent paid me.

I have sent an email asking for payment within 14 days or I shall take the matter further.

I have however found my contract and the indemnity clause is as follows.

The sub contractor shall [subject to clause 2.2] be liable for, and shall indemnify the company against any costs, liability, damages, loss, claims or proceedings in respect of any injury or damage whatsoever to any property where such injury or damage arises out of or in the course of by reason of the performance of the work; provided thatit is due to the negligence, breach of statutory duty, or omission or default of the sub contractor his servants or agents, or of any personfor whom the sub contractor is responsible.

2.2
The total liability of the sub contractor under this agreement shall be limited to £5m.

Could somebody please decifer for me under what conditions they can hold money from me?

Thank you in advance

Dave

 

[IANL]

"in respect of any injury or damage whatsoever to any property "

I cannot see they would be using this clause, They would have to advise you that they are and prove this, IMHO they are two parts to this, They should pay you what they owe you ( I would start a formal collection process) Letters Before Action - Requesting payment or reasons for no payment.

If they then invoke the above clause they should detail the reason.

Did you damage or "injur" some property?

Not sure how you insure property