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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I've a small specialist subcontracting business, and the company

Customer Question

I've a small specialist subcontracting business, and the company we were working for has not paid £30k due for work in June. They say that the main contractor has not agreed our claim. The main contractor says they cannot tell us whether our claim has been agreed or not - our contract is not with them. But we cannot invoice until the claim has been agreed; so we don't know where the problem actually lies.
I have said we will not return to site to complete until it has been sorted and we have been paid: now I am being threatened with legal action "because I am contractually obliged" to do so. The contract is a standard construction main contractor / sub-contractor one, which doesn't specifically state what happens in these events (which must be common). I assume there is precedent ?
All my commercial instincts say that if we return to site we will never get paid for June, or the next phase of work. Advice please ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex