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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, We have a problem with the builder. We entered

Resolved Question:

Hello,
We have a problem with the builder. We entered into a contract with consulting company specialised in construction industry. This consulting company provided the contractor for us. We signed separate contract with the consultant and separate with the contractor.
At the moment the contractor is not following ‘Supply of Goods and Services’ and he is charging us more than agreed. He is probably breaking the contract with us by doing it and he probably won’t be finishing the project and will go away without completing the work. Consultant instructed the contractor accordingly but the contractor did not listen. We want to hold the consultant responsible for it and we want the consultant to cover any costs caused by the contractor he assigned to our project.
Is the consultant responsible for this situation? Can we sue him? The contractor is a separate company who got separate contract and payments. We got separate contract with consultant and we pay him separately. Consultant and contractor are not in any official partnership.
Consultant assigned this contractor to the project.
Please check consultant’s duties according our contract with him.
Stage 1
a) Discuss the customer’s needs and set a budget for both his services and the building
work.
b) Carry out a basic survey of the site where the building work will take place and advise
on what other surveys may be necessary.
c) Prepare quotation for the building work and provide professional building contractor.
d) Give guidance about the cost, time and programme for the building work.
e) Prepare a letter or written report about how the customer’s needs can be met.
f) Advise on whether any other consultants should be appointed.
g) Advise on any planning permission or building regulations approval needed, and any appeals procedures.
Stage 2
a) Prepare general specification in a quote for the building work.
b) Apply for planning permission, if necessary (see B3 below).
c) Apply for building regulations approval, if necessary (see B3 below).
d) Lead and co-ordinate any other consultants appointed by the customer.
Stage 3
a) Explain the terms of the building contract and help the customer fill in the details.
b) Explain the consultant’s and contractor’s roles in dealing with health, safety and
environmental matters connected with the building work.
page 3
After building work has started
Stage 4
Provide all the services listed below.
• Regularly inspect the building work to see whether the contractor is generally
keeping to his responsibilities under the building contract.
• Advise about how any changes to the building work will affect the planned
timescales and costs.
• Give instructions to the contractor, and extend deadlines if necessary, while the
building work is being done.
• Check the builder’s invoices to make sure they are accurate. If necessary, explain
the invoice to the customer.
• When the building work or each stage of the work is finished to his reasonable
satisfaction, inform in writing the customer and the contractor.
• Give the contractor a list of any faults which have appeared at any time up to 3
months after the finish date and which the contractor must put right.
• When the contractor has put right all the faults listed by the consultant, issue a
written confirmation (to the customer and the contractor).
Thanks you
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 who you actually paid, was it the contractor or consultant?

Customer:

I paid to the consultant and the contractor

Customer:

separately

Customer:

they are sending separate invoices

Customer:

two different companies

Alex Watts :

Ok - did the consultant know the contractor wasn't any good?

Customer:

He claims that this contractor completed few project before under his supervision

Customer:

and it was good

Alex Watts :

Ok - so he didnt know and you have no evidence that the contractor was sub standard?

Customer:

I am not sure if he was sub standard

Customer:

he completed most of the work alright

Alex Watts :

Ok - sadly unless the consultant knew then you have no claim against him/her

Customer:

but the contractor disputed some extra work and demanded more money

Alex Watts :

If you brought a claim you would need to show that, on balance the consultant knew that they were not very good.

Alex Watts :

Then and only then would you have a claim against the consultant.

Alex Watts :

This is because you have two contracts, each one is individual.

Customer:

what if the contractor was not good and the consultant knew it and didnt tell us

Alex Watts :

As such that means that you can not bring a claim in its own right against the consultant.

Alex Watts :

However you can bring a claim for breach of contract against the contractor.

Alex Watts :

You need to get a number of quotes for getting the work done and completed. This is your loss

Customer:

but looks like the contractor is insolvent

Alex Watts :

Well you would need to know the consultant KNEW about that.

Alex Watts :

You can't make up the allegation that the consultant knew without any evidence.

Customer:

contractor does not have any money to cover the work or future work to be completed by different contractor

Alex Watts :

Ok. Sadly your only cause of action (unless you can show the consultant knew) is against the contractor.

Alex Watts :

But I can give you the process to follow to sue the consultant if you want?

Customer:

what is the process

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.

Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I think that's it

Customer:

but you are saying that I have no chance to win it through the court

Customer:

I can try but chances are slim yes?

Alex Watts :

Very slim - you would have to prove knowledge.

Alex Watts :

In reality I can't see how you can do that

Alex Watts :

I am sorry

Customer:

thank you for your service

Customer:

have a good day

Alex Watts :

I am sorry its not better news I really am.

Alex Watts :

Can I clarify anything else for you today?

Customer:

that's it for this moment

Customer:

thanks

Alex Watts :

Great. If I could ask you to rate my service before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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