FAO Alex Watts Hello.
Sub-contractor works for Contractor who works for Customer.
Sub-Contractor engaged by Contractor and delivers works to Customer.
Works fully meet without exception all technical operational requirements.
Customer is actively using installed works as part of their business operation.
Subsequent customer audit reveals non-conformances with regards ***** ***** physical installation, which are mainly aesthetic in nature and do not compromise the functionality of the delivered solution or the use of.
Sub-Contractor agrees with findings of the Audit and will rectify upon being given access to the installed works.
Sub-contractor requested part payment, acknowledging that Contractor would wish to withhold a percentage until remedial work complete.
Contractor withholding total payment until remedial works undertaken. It is not a great deal of money – approx. £4,000
Works completed / tested and used by Customer on 17th March 15, issues raised by Contractor 13th July 15, Sub-Contractor agrees remedial work required 6th August 15 and has requested access to site multiple times.
It is now a further 2 months on without the Subcontractor being given the opportunity to attend site and rectify work. Arguably the Customer will for some of the remedial work need provide a window of down time in order to complete the remedial work. As stated the customer is using the works and he will effectively need to stop using the works to allow the (aesthetic) remedial work to be undertaken.
Question Contractor wishes to draw things to a close. How long is reasonable when it comes to waiting to be allowed access to site in order to rectify work?
Is it reasonable to state that,……
“The Sub-Contractor has been waiting for 2 months to be invited to site in order to undertake the remedial work as agreed and there has been no communication form the Contractor with regards ***** ***** the Customer wishes to proceed. Should access not be granted by 31/10/15 some 3 months after an audit revealed the non-conformances and some 6 months after the Customer commenced use of the works, the Sub-contractor will consider that the Customer is prepared to accept the works that are technically compliant and actively being used without issue. Should a resolution not be agreed by this date, the Sub-Contractor will in order to conclude matters undertake legal action to secure the payment of overdue invoices (less reasonable deductions to be agreed) plus recuperation of costs associated with bringing such an action.