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The main problem that i have is that I am basically sub contract to another sub contractor who has the main contract however they do a lot of work for this large house building company and they say normally they are given the option to rectify any faults by writing so I am assuming that it is written in there contract
Ok, what does YOUR contract say with the person to whom you are contracted to?
Ok, contracts that are verbal are harder to enforce than written ones as you can imagine
However everyone has a duty to mitigate their loss should there be a claim or work is not up to standard
Therefore on the basis they did not offer you to fix whatever was wrong, you are still entitled to payment
This is because they did not need to go to the additional cost of getting someone else to put it right
They should have told you what the problem was, allowed you to fix it and if you refused or failed to repair adequate then they would be entitled to get someone else to do it and deduct it from your bill
But without giving you the opportunity, they have failed to mitigate their loss
Can I clarify anything for you about this today please?