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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70304
Experience:  Over 5 years in practice
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, me and my husband subcontracted Link. We have

Customer Question

Hello, me and my husband subcontracted for City Link. We have had 5 vans and self employed drivers working for us. In December last year City Link went to administration owing us lots of money ( some invoices form November). We have been left without money so we could not pay anybody . Two days ago we have received letters from 3 drivers to pay them money otherwise they will take us to Court. It is not that we do not want to pay them but simply we have not received money for their work plus we cover insurance and vans maintain and we do not have money. What is our situation exactly? Many thanks Kind Regards
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
It is not particularly good news I'm afraid.
Unless your contract with them is dependent upon you receiving money from the main supplier, I'm afraid you are liable to pay. Usually people in your position have two separate contracts - one with the client and one with the subcontractor. You are liable to pay your subcontractor whether or not you receive funds.
It is possible that you presided over a contract that was depend upon you being paid or that you merely introduced them allowing them to create a contract with each other but obviously not likely.
I am sorry but that is your position I'm afraid.
Can I clarify anything for you?
Jo