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Ask Ash Your Own Question

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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Hi i was given a contract that i priced for a 5 weeks work. i

Customer Question

Hi i was given a contract that i priced for a 5 weeks work.
i had to have a week off due to illness and they have now given the works to another contractor. they have also told me if there is any extra cost from the other contractors they will charge me. can you tell me my rights please?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether you signed any contract please?
JACUSTOMER-0obcs9rt- :

Hi no it was a verblr

JACUSTOMER-0obcs9rt- :


Alex Watts : Did you tell the customer you were ill?
JACUSTOMER-0obcs9rt- :

verble contract

JACUSTOMER-0obcs9rt- :

yes i told him i was ill

JACUSTOMER-0obcs9rt- :


Further to our telecon earlier this today. Please note the key dates & actions below:

In week 1 (15/09/14)

1) AB did not attend site on the 16th – Vehicle breakdown.

2) The site was suspended on the 17th on track fixings delivered AM Asbestos found PM18th & 19th due to Asbestos issues.

Total lost time = 3 4 days

In week 2 (22/09/14)

I attended site on the 23rd to conduct a safety inspection, during this time we discussed and agreed that:

· My expectation was that AB would work additional hours/days to recover the day lost as item 1.

· Assuming no instruction was received for item 2. I confirmed that the agreed programme should extend by 2 days for which additional costs could be claimed.

· AB did not attend site on the 25th or 26th Sept (reasons noted below)

Lost time = 2 days

Total time lost = 5 day, 3 4 of which AAES consider AB issues.

· On the 25th I received confirmation that AB had not attended site due to a doctor’s appointment.

During the latter part of the day AB notified AAES of its intention to breach its obligations to complete the works and was making preparations to abort the site on the following day, the 26th. This notice from my team further identified that AB had confirmed that it had already accepted another order commencing the 29th and was not in a position to reject this order, despite already holding an obligation to AAES.

Eventually making contact on the 25th we discussed both AB’s reasons for such actions and the potential financial impact upon AB of the same. AB made numerous claims relating to both outstanding payments and relationship issues. The former being disputed and the latter of no concern to AAES as they centred around a recently demised personal relationship. Invoices had not been paid and no issues was brought forward regarding invoices with AB. Once we said we was not going to carry on with works in till theses had been paid Karen Capstick pushed them through.

Despite AAES confirming that we considered the abort a breach of contract and that we would look to recover costs, AB maintained its stance. Ultimately claiming that the additional work for others had been cancelled, but that illness was now the reason for not returning to site. AB confirmed with you that we would carry on with the install for AAES. Due to illness we was not able to attend the site for the rest of the week.

A text message was received from AB late on the 25th Sept confirming that due to ill health. AB would not be returning to site due to health issues, meaning AAES had no option but to allocated other sub contract resources to attempt to maintain its own contract obligations. Works that AB had started were complete and building was left secure.


Following my decision to withhold all AB invoices until the full cost of the above can be reconciled. AB made contact this morning (2nd Oct) confirming its willingness to return to site commencing the 6th Oct and complete its original obligations. AB did not here/know you was stopping invoices because of costs of the above. AB was on the understanding that invoices were not going to be paid in till you have signing off sheets for invoices. Which AB confirmed that you had signing off sheets for invoices in question. Willingness to return to site was due to AB wanting to complete the works for AAES due to the years of good relations with ourselves and AAES.

Moving forward

AAES has sourced alternate labour and will use this to complete the remaining works. AB was not informed or had any contact off yourself regarding you sourcing other contractors to finish off the works. If you had made contact with myself we would have arraigned cover why i was off with illness.

For clarity AB are advised that no further payments will be made to AB until the full extent the any additional cost realised as a result are reconciled. Such cost may include any LAD damages from the client as a result of any programme overrun.

JACUSTOMER-0obcs9rt- :

here is the conversation mine is the underlined

JACUSTOMER-0obcs9rt- :


JACUSTOMER-0obcs9rt- :

Hi are you still there?

Alex Watts :

Ok - did they give a reason why they got someone else to do it?

Alex Watts :

Also was a deadline imposed when you started please?

JACUSTOMER-0obcs9rt- : No there was no deadline that we was made aware of.
JACUSTOMER-0obcs9rt- : they just sent us the work order over
JACUSTOMER-0obcs9rt- : I don't mind losing out on the contract it's just that any overspend they are going to try and claim it off me.
JACUSTOMER-0obcs9rt- : I was told that because they have gave the contract to someone else and not gave me chance to sort something. That I can charge them for the full contract?
JACUSTOMER-0obcs9rt- : How true is this?
Alex Watts : Yes you could claim for that. But they could also claim for breach of contract for not getting it done.
Alex Watts : They should have given you an opportunity to put it right first.
Alex Watts : i assume they did not?
JACUSTOMER-0obcs9rt- : No they didn't they never contacted me in till I called them and then they sent me this email. What should I do next? They have stopped a number of my invoices and recon they are going to deduct the overspend from them.
Alex Watts : How much is outstanding for the work done?
JACUSTOMER-0obcs9rt- : £6000.00 is outstanding.
Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

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