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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a contract for a basement conversion, included on the

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I have a contract for a basement conversion, included on the contract was the first fixing of 5 radiators. In the materials breakdown this was included as 3 days for 1 plumber and materials. There is no breakdown of cost, the whole job has a total value, however a previous quote that broke things down showed this a 3 days @£200 and £150 of materials.
The plumber was sub contracted by the builder and he submitted his invoice for 7 days ([email protected] £200 and 4 @ £160 for his mate) with materials totaling a little over.
We had asked for some additional items from the plumber with the project manager present and have since agreed with both the plumber and the builder this involved 1 days labour out of the 7 at @ £160 and £421 of materials.
The left a norminal difference in the builders estimated matieral bill, however there is a 3 day difference @ £160 that is in dispute. The plumber says this relates to the first fix of the 5 radiators, however the builder who we are contracted to says that the first fix of 5 radiators was not part of his quote and so is an extra I should pay.
For a little background we had a quote off another company that the builder price matched, but this didn't include the first fix of the radiators. However the quote we agreed to, although the same price, contained the detail of first fixing 5 radiators which was a point that attracted towards this company over the other.
Where do I stand in terms of responsiblity for the payment for first fixing 5 radiators as it is on the quote we have agreed to and paid both a deposit and subsequent monthly payments on?
Also the plumber is currently persuing the builder for the full payment, including the amount we have agreeed to pay. I have tried on mulitple occasions to clear the balance I owe, however as the plumber is a sub contractor of the builder he won't accept payment from myself.
Many thanks
Andy
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello Andy my name is ***** ***** I will help you.

What is it you want to achieve please?

Customer: replied 1 year ago.
As the plumber is currently taking legal action against the builder, I want to understand my liability based on my contract with the builder. He argues the first fix of 5 radiators is not included, despite it being on the attached contract. He also argues he only priced for 3 days @ £200 so any more I am liable to pay e.g. the 3 days at £160. There has been no prior authorisation or discussion of additional cost before or during the working was done. Also his project manager was let go as he had been causing a lot of issues like this.
Expert:  Ash replied 1 year ago.

Who did you pay, the builder?

Customer: replied 1 year ago.
We have so far paid the builder as invoiced (see attached). We currently have £2775 outstanding which we will pay on completion of the builders work. I had a meeting with the plumber and builder where I went throught the plumbers materials invoices and we jointly agreed which bits were out of scope and that one day of labour was associated. This we all agreed was worth £641. The builder has already paid the plumber for 3 days labour and £67 of parts and the outstanding (on top of what we agree I will pay for) is for the 3 days @ £160 plus a nominal amount of materials ~£100. It is this extra 3 days that builder says I should be liable for.The plumber refused to take payment directly from me as he was subcontracted, and has previous quarms with the builder so was keen to take him to court for payment. Also the plumbers materials invoices and invoices had a lot of inaccuracy with duplicates and items he hadn't got invoices for that he had just made up. This is something the builder was querying, but ultimately the builder is denying he should pay for the 3 days labour that was associated with the first fix of the radiators and the materials that were used for it.
Expert:  Ash replied 1 year ago.

Were you going to pay the plumber direct for additional works?

Customer: replied 1 year ago.
We had an email chain between myself, the plumber and the builder. I asked the builder for permission to pay the plumber directly, which he ultimately gave, but the plumber was not willing to take payment as he felt it would affect his ability to take the builder to court.
Expert:  Ash replied 1 year ago.

If the radiators are on the contract then clearly they are included. It can't be an extra as its in the contract!

If there was no prior authorisation and a cost clearly agreed then again it cant be claimed.

Everything must be in writing or agreed. If it was not then it can not be claimed.

Can I clarify anything for you about this today please?

Expert:  Ash replied 1 year ago.

Usually these matters are dealt with at the Crown Court. If you look at the sentencing guidelines Magistrates at page 197 it is only where it is a category 3 that is dealt with in the Magistrates Court.

You can download or view it online at:

http://www.sentencingcouncil.org.uk/offences/item/inflicting-grievous-bodily-harm-unlawful-wounding-raciallyreligiously-aggravated-gbhunlawful-wounding/
That is lower culpability and lesser harm. In reality even then it would be a High level community order to sending to the Crown Court.

I cant see whether it falls into cat 3, but you will know this.

But I think its going to be unlikely that it would be kept in the Magistrates Court.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Do I need to confirm the resolution of the plumbing bill before I settle up payment on the building works and is there anything I can do proactively to reach closure or will I just have to wait for the plumber to take the builder to court and then the builder to try to persue me for payment? I wanted to settle this before it ended up in court and attributing additional costs if possible.Many thanksAndy
Expert:  Ash replied 1 year ago.

No because I think they are one and the same.

You should offer then sums you think are owing to the builder in writing, if he rejects you can use this should matters go forward.

Can I clarify anything else?

Customer: replied 1 year ago.
Are there any tempaltes you can point me towards? Other than that thanks for the advice.
Expert:  Ash replied 1 year ago.

No templates exist online as such - but you could also consider mediation,

This may settle doing that as most do, it may prevent this going to Court and resolve the matter

Does that clarify?

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thats great thank you
Expert:  Ash replied 1 year ago.

Good luck.