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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Are main contractors within there rights if they go ahead and

Resolved Question:

Are main contractors within there rights if they go ahead and employ another sub contractor to rectify a fault without giving the original sub contractor the option. and then contra charging
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 : Is there a written contract between the main contractor and the one that first carried out the work?
Alex Watts : If so what does it say about defects and putting things right?
Customer:

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

Alex Watts :

Ok, what does YOUR contract say with the person to whom you are contracted to?

Customer:

verbal

Alex Watts :

Ok, contracts that are verbal are harder to enforce than written ones as you can imagine

Alex Watts :

However everyone has a duty to mitigate their loss should there be a claim or work is not up to standard

Alex Watts :

Therefore on the basis they did not offer you to fix whatever was wrong, you are still entitled to payment

Alex Watts :

This is because they did not need to go to the additional cost of getting someone else to put it right

Alex Watts :

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

Alex Watts :

But without giving you the opportunity, they have failed to mitigate their loss

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No Thankyou

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