Non payer

[Scornio]

Hi need a bit of advice.

Quoted to do some works within a kitchen. I did a day, then I had a sub contractor finish it for me.

I'm domestic installer. I effectively 'designed' the works done and half did the 'construction' whilst first fixing.

My sub contractor 'tested' the works at the end and filled certificate...I then signed all three signatories but as a collective one signature.

This client was appalled I had used a sub contractor, rang the NICEIC and they have written saying that I can't use one.
This is news to me, as I sub all the time to even bigger companies.

Well, this has gone to court and he has used the two emails sent to him by the NICEIC stating I'm breaching protocol.

Am I missing something or can somebody enlighten me????!!!!

 

[Scornio]

Tbh, i know on a general level its a no no to sign other sparks'work off but to my naivety i honestly thought it was ok to use a subby whose proved himself time and time again to me to be competent.

 

[marc8]

What is this about signing of others people's work I was told on my last inspection that you never could but things have changed now & you can sign of 3rd party's work after all you are taking the responsibility for it

 

[Scornio]

Sorry guys, its me thats taken him to small claims for not paying the full amount. Hes decided he would reduce the original estimate by 25%

 

[Octopus]

Sorry guys, its me thats taken him to small claims for not paying the full amount. Hes decided he would reduce the original estimate by 25%

What at a farce. How much is 25%

 

[Leesparkykent]

Sorry guys, its me thats taken him to small claims for not paying the full amount. Hes decided he would reduce the original estimate by 25%

What work did you do in the kitchen to warrant the cost a taking him to small claims court?

 

[TJ Anderson]

Sorry guys, its me thats taken him to small claims for not paying the full amount. Hes decided he would reduce the original estimate by 25%

Is this an out of court "mediation" settlement? How much money are we talking here total?

 

[TJ Anderson]

Small claims fees are well cheap Lee. I have done it three times.

 

[SPARTYKUS]

Must be domestic installer as you can use three signatures on approved contractor forms.

Hi Lee

both types of form are available to anyone, on the IET website.

 

[marc8]

Is it in a contract or verbal if contract & all is ok then you might just win, the other thing how much is it sometimes if people don't want to pay best thing can be forget it & move on hard but sometimes just better to move forward

 

[ian.settle1]

I undestand those concerns, i would never sign sombody elses work off. And insist it must be a eic.

But you did by signing the part about testing which you admitted you did not do

 

[Leesparkykent]

It's well cheap Lee. I have done it three times.

Thats handy to know if I ever need to go down that road haha.

 

[TJ Anderson]

Thats handy to know if I ever need to go down that road haha.

Hopefully you won't mate lol, but it is definitely handy to have in your back pocket if need arises.

 

[Scornio]

Ill reluctantly say, i quoted £600. Hes paid £450

His reasons for not paying are he shouldnt have to pay for an illegally used subby
We left the place in a dangerous state, however it was himself who didnt allow us in for a whole month until told to.
Oh and hes saying ive been aggressive and abusive as in one email i told him to 'grow a pair and p*** off'.

 

[Octopus]

Ill reluctantly say, i quoted £600. Hes paid £450

His reasons for not paying are he shouldnt have to pay for an illegally used subby
We left the place in a dangerous state, however it was himself who didnt allow us in for a whole month until told to.
Oh and hes saying ive been aggressive and abusive as in one email i told him to 'grow a pair and p*** off'.

Did you put that in writing?

 

[TJ Anderson]

Ill reluctantly say, i quoted £600. Hes paid £450

His reasons for not paying are he shouldnt have to pay for an illegally used subby
We left the place in a dangerous state, however it was himself who didnt allow us in for a whole month until told to.
Oh and hes saying ive been aggressive and abusive as in one email i told him to 'grow a pair and p*** off'.

Yeah, email you sent won't do you many favours and will be brought up by him if it goes to court. It is only £150 away as is, I'd save yourself the aggro, try to get £500 to settle out of court, if he rejects I'd still take the £450. Your time is more valuable. Put it down to experience mate.