How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Buachaill Your Own Question

Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10410
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

I have carried out some building work as a sub contractor for

Resolved Question:

I have carried out some building work as a sub contractor for a large building contractor. they did not supply any drawings or specification just instructed us verbally on what they required. The ramp we built is now failing due to possible strength issues. The main contractor will possibly be charged for it all do they have any comeback on us.
Submitted: 11 months ago.
Category: Law
Expert:  Buachaill replied 11 months ago.
1. Dear *****, I regret to say that not only will the main contractor have an ability to sue you for your portion of the blame for failing to make the ramp you built sufficiently strong, but also, the customer who hired the main contractor will be able to sue you. This is because, under English contract law, a right is given to third parties for whom the benefit of a contract ensues, to sue upon that contract. In practical terms, this means that the client who commissioned the works, can sue you for whatever portion of blame attaches to you for failing to make the ramp sufficiently strong. Accordingly, I would advise you to put your insurers upon notice of a potential claim, as you should seek to use your insurance to cover any payout on the claim. Be aware that ultimately, there will be some division in blame as between yourself and the main contractor over who is responsible for the redoing/incorrect work on the ramp.
Expert:  Buachaill replied 11 months ago.
2. In practical terms, this division of blame will be along the lines of what each party was responsible for, in relation to the erection of the ramp. The main contractor will be responsible for the specifications given, the materials directed to be used, any reinforcing required. Whilst you will be liable for the actual quality of the workmanship used in building the ramp, as well as whether it was correctly done. Be aware that both the architect and the quantity surveyor who worked on the job will also potentially bear some element of the blame on the ramp not being sufficiently strong. The architect will be responsible for the design elements and the quantity surveyor for the quality of the material used and whether these were correct.
Expert:  Buachaill replied 11 months ago.
3. Please Rate the answer as unless you Rate the answer your Expert will not receive payment for answering your question.
Customer: replied 11 months ago.
Does this apply even when the main contractor has not supplied a specification but has advised what they require and we have carried out works as instructed. The main contractor has not supplied a structural survey so the ramp in question has been constructed to the main contractors verbal instruction
Expert:  Buachaill replied 11 months ago.
4. This applies even where you were only given verbal instruction for the carrying out of the job. However, be aware that in so far as the portion of the blame which attaches, you will bear no liability for the instructions given. In practical terms, what happens is that an expert is appointed to survey the ramp and depending upon what the Expert finds to be the fault which caused the strength defect, each party (yourself as sub-contractor and the main contractor) will then bear a rateable potion of the blame (in money terms) for the work done. Just because you were only given verbal instructions, this does not remove liability for the work done. Similarly, just because you carried out works to the instruction fo the main contractor, this does not absolve you of liability for what went wrong.
Customer: replied 11 months ago.
The main contractor did not use a surveyor or an architect they basically came up with the idea themselves and we built a good solid structure but obviously they did not account for the loads on the structure. Hence we are concerned now that they will blame us for the problems but our view is we created what was requested to a good standard.
We obviously feel like we have been taken for a ride and feel that the blame is down to the main contractor as all we have done is supply labour on a day rate charge being led by their own project manager who along with the main contractors director was on site daily viewing the construction.
Expert:  Buachaill replied 11 months ago.
5. In practical terms, you need to get an Expert architect or other professional who is a specialist in ramps out to look at the ramp and determine why there is a strength defect. In essence, you need to prepare your case that you were not liable for what has gone wrong by getting in a specialist who will provide Expert help in defending the claim. Clearly the Project Manager and Director of the main contractor did not know what they were doing. Professional assistance should have been obtained to ensure the ramp was sufficiently strong for the loads to be borne. However, in legal terms, without that Expert professional opinion to back up your case, you will end up with partial liability for the faulty ramp. So get someone hired to examine the ramp and determine the faulty instructions given.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10410
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions