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Jenny, Solicitor
Category: Law
Satisfied Customers: 6264
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I have a "sole trading" domestic heating & plumbing business,

Resolved Question:

I have a "sole trading" domestic heating & plumbing business, my query is that one of my jobs is working with my daughter's, soon to be, ex partner (Adam), and his is being reclusive to me and will not talk to me about this problem. His idea of contact is texting. Adam and my daughter also have a 2 1/2 year old girl, he refuses to drop her off to us, want to take her away with his new "friend", so we are anxious, for both my daughter and our grandaughter.
[1] The job is a day rated job, I am paid up to date with no outstanding debt or out goings on the job.
[2] I was employed by the owner of the job, not the contractor (Adam).
[3] Do I have the legal requirement to complete the job or can I legally walk away with no further commitment?
[4] I while I feel a commitment to this job, the customers are vague with their specifications of works, and personally I do not want to be on a job where contact with Adam will cause me more anxiety than I am already dealing with.
I hope you can help, and thankyou.
nigel booker.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
You say you were employed by the owner of the job? Was it them who paid you? Did you have any written contract with them?
Customer: replied 1 year ago.

The owner has paid me there is now financial connection to the contractor, Adam.

The "written contract" was a letter stating my day rate, and the fact that they, the owner, was supplying all the materials unless they couldn't find, or their merchant didn't have the parts required.

Would it help if you had a copy of the letter?

Expert:  Jenny replied 1 year ago.
There is probably no need to see it as it, can you tell me what the letter says about notice or the duration of the work?
Customer: replied 1 year ago.

Sorry, everytime I start the phone rings.

On the letter there is no mention of duration or notice. The job came via adam and it was expected to continue until completion.

The letter does state that the customer asked for a "ballpark" figure regarding supply and fit but given that option and a day rate he chose to have me work for the day rate.

Expert:  Jenny replied 1 year ago.
Please can i see a copy of the letter? I do think it would be useful.
Customer: replied 1 year ago.

Attachment: 2015-05-11_085734_1518~mr_t_h_jones.docx

its in "word" is that ok?

Expert:  Jenny replied 1 year ago.
who is this letter to, is it the owner of the property? How far off completion is this work? Is this the only 'contract' regarding these works?
Customer: replied 1 year ago.

Mr Tristan Hugh Jones. at he time of the letter I didn't have his postal address I'd spoken to him a couple of times, but the work was via adam who had been on the job for 4 months. my invoice for my works was to his address which is, and has been paid in full.

Mr. T H Jones:

Address: The Thatched Cottage,
Penberth, St. Buryan, Cornwall.

Post code: TR19 6HJ

The job address is: 1 Carn Topna, Mousehole, Penzance TR19 6QE

Expert:  Jenny replied 1 year ago.
So have you done all of the things mentioned in the quote? Is Adam also workig on the job?
Customer: replied 1 year ago.

I have currently fitted everything that was delivered prior to my invoice. At the invoice dated the owners were going away and were either obtaining equipment, ordering equipment via the internet or through local suppliers etc. for the job to re commence after their return.

I did tell the owner that I would be back monday the 4th, but forgot the bank holiday, then forgot I had physio booked for my shoulder (5th) and that I was booked for a course on the 6th. phoned Mr T jones and suggested that the earliest I could return was monday 11th (today) however since I spoke to Mr *****, ***** dropped the bombshell he was leaving the 15year realtionship with my daughter.

While he is not there all the time he is into the job and is to be expected to be there. Coupled with that it's him thats supplying the underfloor system, hot water cylinder and the electric boiler.

Expert:  Jenny replied 1 year ago.
Is there a contract for these works or only the letter that you have sent me.
I am concerned that you could be in breach of contract if you fail to complete if the quotation is the only document?
Customer: replied 1 year ago.

Only the letter I have sent you.

Do you want a copy of my invoice & time sheet for the job too?

If your ultimate advice is to continue the so be it I dont have a problem with it its just I would prefer not to be in close proximity to Adam, however because of breakup of his and my daughter's relationship I have a feeling he want to keep me at arms length, hence if he makes contact its via text.

Expert:  Jenny replied 1 year ago.
What I am struggling with is the relationship between the parties and this is not clear on the quotation.
Clearly you have a contract with the owner who is paying you for work. What I can't understand from the documents is the relationship with Adam, are they paying Adam directly for work or are you paying him?
If it is the former then you may not be able to do much other than continue as on the face of it you have an agreement to do the work set out on the quotation. If you do not complete the work then they may need to engage someone else to complete. If that person charges more then you may be sued for the difference.
If it is the latter then you could potentially tell Adam you no longer want him on the job. This depends on what has been agreed, verbally if not in writing, between you and Adam.
I am happy to discuss this in more detail which is why I made the additional services offer.
If you have any further questions please do ask.
Customer: replied 1 year ago.

Adam is paid by Mr Jones as am I paid by Mr Jones too, Adam has been on that job since sometime last year.

Adam got me involved beacuse of my work experience, that I was available, and that I was "family", (the easy option).

The problem lies in that I would prefer not to be involved in the job where Adam is. Selfishly its down to the way he's been with my daugther.

The fact that the customer's indecision affects the running of the installation, it is a minor irritation, one I can live with, which is why I gave Mr Jones a higher day rate for him to supply the equipment, it's in Mr Jones's best interest to get me off the job as quick as possible.

Expert:  Jenny replied 1 year ago.
why is it in his interest? Are you saying that no loss will be suffered by Mr Jones if you do not continue the work under the quotation?
Customer: replied 1 year ago.

Other than the fact that the job isn't complete because at the time there was no further work to carry out. Mr Jones could contract a different person to continue.

Adam "found" a plumber, it just so happened it was me, (family), but it could have been anyone, he know how I work and what my job availability was, then introduced me to Mr Jones.

"In his interest" just means Mr Jones should want me off the job as quick a he can, not have me hanging around waiting for something (equipment etc) to turn up.

The lesser day rate allows for me to supply equipment add a markup and take the problems on regarding material failures etc.

Expert:  Jenny replied 1 year ago.
Ok that clarifies matters. If there is no loss that can be suffered then there are no grounds upon which you can be sued.
It might be that he will try to argue that you are in breach of contract for failing to continue the work under your quotation but you can defend this on the basis there is no loss as he could easily contract someone else and that you had not in fact contracted to do all of the jobs under the contract in the first place.
I hope that this helps.
If you have any further questions please do ask. If i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6264
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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