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Vincent2013
Vincent2013, JustAnswer Expert
Category: Law
Satisfied Customers: 213
Experience:  Qualified solicitor and barrister (non-practising) with 7+ years experience
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We employed a builder to build a dormer conversion. A three

Customer Question

We employed a builder to build a dormer conversion. A three week job went on three and a half months. Eventually we told him to go. Up to this point paid him £10.000.00 still owing him £4.000.00 The price he quoted included both plumbing and electrical work. He didn't finish the work had made many mistakes, we are getting other tradesmen in to complete project as agreed with builder. We have said if there is any money left we will let him have it. Today we receive an invoice from the builders electrician for the work he did. How do we stand please. The contract with the electrician was with the builder not us.
Submitted: 4 years ago.
Category: Law
Expert:  Vincent2013 replied 4 years ago.

Hi, thanks for the question. My name's XXXXX XXXXX I'm going to assist you with it.

 

If you have no contract with this electrician, then you do not have to pay this invoice. When you originally instructed the builder the agreement was for him to carry out specified works within a particular period of time. It appears that he has breached the contract on a couple of counts, including overunning by almost 3 months. On that basis, you and the builder have apparently agreed to vary the contract by reducing the contract price (as you would be using your own contractors to finish off the work) and reducing his obligations to the work already carried out.

 

You have also offered to pay him an amount equal to the difference between the amount you pay for these contractors and the balance owed. Considering that you need to manage these new contractors yourself and that you have suffered inconvenience due to his delay and poor workmanship, this was generous of you.

 

It is for the builder to deal with his subcontractors and if he has suffered any loss as result of their workmanship or is to withold payment to them (legitmately or otherwise), that is up to him. If you had no contract with the electrician, he has no basis on which to invoice you.

 

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