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Jamie-Law
Jamie-Law, Solicitor
Category: Employment Law
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Experience:  Solicitor
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I run an electrical contracting business i subcontracted a

Customer Question

i run an electrical contracting business i subcontracted a job out but the subcontractor approached the client and i ended up losing the contract the client deemed the job to 35% complete and this has been paid to the subcontractor he is now chasing for a further weeks money despite him being on a fixed price for the job. i have not only lost out on the remaining 4k on the job but another job for 7K that i had an order for but had not started my subcontractor has now issued a county court claim is there anything i can do or counter claim for loses i do not want to pay as i would have paid out more than i have been paid
Submitted: 24 days ago.
Category: Employment Law
Expert:  Jamie-Law replied 24 days ago.

Hello my name is ***** ***** I will help you with this.

Do you have a contract with the sub contractor at all saying its a fixed price please?

Customer: replied 24 days ago.
only a text stating there is £7k to do the job
Expert:  Jamie-Law replied 24 days ago.

And I assume he agreed and started as a result?

Customer: replied 24 days ago.
met the guy who gave me the job and went through it and then started, he then did nothing but keep asking about money and extras the client then emailed me to say the customer did not want them back on site, at this stage i had paid out about £2900 but i still was holding an invoice for 900 my client then went to site walked around and assessed the job and said it was 35% complete this equated to what i had paid out my sub contractor is no taking court action for the outstanding 900 bearing in mind i have not been paid this and am not likely too so i lost out on the remaining money on the job and a further 7K job i had an order for
Expert:  Jamie-Law replied 24 days ago.

Ok. If it was fixed, you text and it was accepted then he can NOT claim any further fees.

If he has issued a county court claim you can seek a counter claim on the basis you lost contract because of his appalling behaviour.

However any claim below £10,000 will be a small claim and you only need to pay an issue fee, nothing more.

But if he is claiming against you, its worth putting in a counter claim

Can I clarify anything for you about this today please?

Customer: replied 24 days ago.
what can i counter claim for?
Expert:  Jamie-Law replied 24 days ago.

You lost the job. You have not been paid. That is because of the negligence of the sub contractor.

Does that clarify?

Customer: replied 24 days ago.
i can claim for the loss of the remaining balance?
Expert:  Jamie-Law replied 24 days ago.

Yes you can, or loss of profit.

Does that clarify?

Customer: replied 24 days ago.
thats great how would i need to word the counter claim on court paperwork
Expert:  Jamie-Law replied 24 days ago.

Just that you wish to claim for the loss of £xxxx resulting from the breach of contract by the Claimant

Does that help?

Customer: replied 24 days ago.
thats great thanks for your help
Expert:  Jamie-Law replied 24 days ago.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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