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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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Hi, if I employ someone as a sub contractor to carry out work

Customer Question

Hi, if I employ someone as a sub contractor to carry out work for me and agree a rate of pay on the basis of work carried out before, then the person's rate and quality of work drop by a large amount which also included correctional work to be done by other's. When questioned as for a reason told it is due to an undisclosed medical condition can I reduce the rate agreed with them and/or refuse partial payment.
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

In every contract there is an implied term that services will be carried out with reasonable skill and care.

Max Lowry :

So, you should be able to argue that the standard dropping means that the latest service falls below a reasonable standard (the previous standard having been reasonable), and therefore there has been a breach of the contractual term that services would be carried out with reasonable skill and care.

Max Lowry :

As such, you would be entitled to deduct a sum from the contract amount.

Max Lowry :

So in short, yes, you should be able to argue as you mentioned.

Max Lowry :

The work done by others is recoverable too against the contractor.

Max Lowry :

Thats because the work is necessary as a result of his breach of contract, a breach of the implied term of reasonable skill and care in relation to his work.

Max Lowry :

All those things go to quality of the work done.

Max Lowry :

As for the rate of work done, this is a similar point, in that you're expecting a reasonable rate - the rate before was reasonable, this one is not.

Max Lowry :

Does that make sense?

Customer:

Yes Thank you.

Max Lowry :

Would you like me to clarify anything for you?

Max Lowry :

If this answers your question, please remember to rate the answer for me. I like to deliver an excellent service, so if I can help any further please just let me know.

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