Liquidated Damages

[MDS2014]

Hi,

I am wanting some advise please. I am a steelwork draughtsman and operating as a sole trader. Most of my clients (steelwork fabricators) have to sign up for liquidated damages on most projects, however my contract with them is purely to provide drawing work. Am I liable for these damages even though I don't sign up for them?

If the main client makes a claim for liquidated damages to my client (the steel fabricator) can they pass this on to me? My order only specifies the production of drawings.

Any advice would be appreciated.

Also, I have carried out some detailing work for a customer of mine who is a sub contract draughtsman working for a steelwork fabricator (his client) The steelwork fabricators client has gone into liquidation and has not been paid. They are claiming against my client for the loss of the project through late issue of drawings. No programme was ever developed. Can they pass this claim back onto me. Surely I can not be held responsible for the end customer going bump and the steelwork fabricator not being paid.

Any advice on this would be appreciated.

 

[Ian J]

The only terms and conditions relevant to you are those between you and your customer and his terms and conditions between himself and his customer are completely irrelevant to you.

 

[hipwuk]

The short answer to this is no.

 

[Gyumri]

If you are operating as a sole trader presumably you will be doing so via a limited company for protection. If you produce drawings so that a steel fabricator can make the hull of a ship and your defective drawings cause the ship to sink, I assume somebody would be wanting their pound of flesh from you. Who would have caused the ship to sink if not the person who provided the drawings?

 

[Newchodge]

If you are operating as a sole trader presumably you will be doing so via a limited company for protection. If you produce drawings so that a steel fabricator can make the hull of a ship and your defective drawings cause the ship to sink, I assume somebody would be wanting their pound of flesh from you. Who would have caused the ship to sink if not the person who provided the drawings?

Either he is a sole trader or he is operating through a limited company.

 

[Gyumri]

Thank you for the correction - I assume that he would be operating through a limited company and not as a sole trader - which won't afford him any protection.

 

[MikeJ]

If you are operating as a sole trader presumably you will be doing so via a limited company for protection. If you produce drawings so that a steel fabricator can make the hull of a ship and your defective drawings cause the ship to sink, I assume somebody would be wanting their pound of flesh from you. Who would have caused the ship to sink if not the person who provided the drawings?

The bloke that should have checked them? The engineer that signed them off? He's a draughtsman, not a structual engineer.