Shoddy Workmanship - Advice Needed

[CRI-Inv]

We recently started a building project for a client, with sub-contractors carrying out the fitting. One of those ones that you'd rather not, but you need to pay the bills.

Part way through the project there were delays, and we pulled off site whilst we manufactured new materials. There were extra costs involved which the client didn't want to pay. In the meantime, the client has gone direct to our sub-contractors and paid them directly to finish the project with our materials.

The client is now coming back complaining at us about the standard of the finish. We've obviously fallen out with both parties now, and we're being threatened with legal action by the client.

Anybody know what our options are?

 

[Gordon - Commercial Finance]

How can they be threatening legal action against you relating to work that someone else did?

If anything, you should be threatening them with legal action for using your materials without consent....

What is the action the client is threatening, specifically. Also what did your contracts say at the start.

 

[obscure]

It would appear that they are in breach of contract.

1. You had a contract to do the work. If there was a problem they are required to inform you and to give you a reasonable chance to remedy. (You stated that their were problems and that you were in the process of remedying). Assuming that you were acting promptly to remedy then their action bringing someone else in would be a breach of contract. - if you were delaying unreasonably or had failed several times to remedy acceptably, then not so much.

2. They formed a second contract with your sub-contractors to finish the work, Any damage/poor workmanship that resulted is the responsibility of the sub-contractor.

Q: Had the materials already been paid for? If not then their use under a different contract would surely constitute theft.

I think this is a situation where a well crafted solicitors letter would be a very good investment.

 

[CRI-Inv]

Thanks for the advice guys. Really appreciated.

Our t&cs specifically state that they should have inspected the goods and responded with issues on delivery, which they never did. It was only after the subbbie left site that the client brought some issues up. I’ve offered to remedy issues by supplying materials on the proviso that the subbie accepts responsibility for the workmanship, but the client is only interested in threatening court action.

The client was banned for 11 years from being a company director, and has a proven history of swindling people out of money. Unfortunately, only found that out after we’d started manufacturing materials.

 

[estwig]

Your screwed, your subbies have turned on you, your client has turned on you and is experienced at this.

Cut your losses and walk away, you won't gain anything from pursuing this.