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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46743
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We are a plumbing and heating company national housebuilders.

Resolved Question:

We are a plumbing and heating company for large national housebuilders. We had 2 self employed plumbers leave of there own choice following a dispute wih a site agent due to them completing work incorrectly. We had 2 outstanding invoices owed to them which we have since they left found a number of issues with there work which we have had to return to repair. We have also received contra charges from the builders for replacing items such as kitchen units which have been damaged from leaks. We paid £1000.00 leaving a balance owing of £786.84 to cover for the above. They have responded by saying that we have to give them the opportunity to return to there own work. Also that the contra charges do not relate to either invoices outstanding. The housebuilder Bellway site agent do not want them back on site so we can't give them the opportunity to return and are not sure how we stand legally in charging them our costs to return without giving them the chance. Also not sure where we stand on the charges we have been sent from the builder which will be deducted from money owed to us yet they claim we can't pass these charges to them as the work is nothing to do with the outstanding invoices. They have issued a county court summons to us for the outstanding balance Hope you can make some sense of the above. Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What are you hoping to achieve please?
Customer: replied 1 year ago.
We have the court summons which we have to respond to and want to know if we are able to deduct money from the amount we owe them for having to correct there work even if this particularly work is not on the outstanding invoices. Are they correct in saying we have to give them the opportunity to put the work right themselves as this causes us issues as it is our business that will be at risk if they don't repair or attend to leaks etc and also the builder doesn't want them back. We withheld £200 also from the payment for future issues as we have to give the builder a warranty of 2 years on our work. Are we allowed to do this. Would you suggest we invoice them for our work and then pursue them through the courts as our costs probably now total more than is left outstanding
Expert:  Ben Jones replied 1 year ago.
Generally you would be expected to give them the opportunity to put right any issues they have caused, although there may be circumstances when this would not be reasonable. For example, if the standard of work has been so poor that you have no confidence in their abilities, or if there has been a dispute and you believe they will deliberately not do a good job, etc. What you can do is allow them supervised access so that you are there to ensure that any work they do is carried out appropriately. But if you strongly feel that they should not be allowed back then you can also try and argue that. If the charges do not relate to the invoices they are claiming on you can till claim against them for these. When you have a claim made against you, you can either submit a defence on its own, or submit a defence and also make a counterclaim against them. If that happens then you will in effect have two claims going head to head and the overall amounts by each of you in the end can be offset against each other. To make a counterclaim you will need to fill in Form N9B: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n009b-eng.pdf I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46743
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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