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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11431
Experience:  30 years as a practising solicitor.
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Good Morning :)I have recently completed work large

Resolved Question:

Good Morning :)
I have recently completed work for a large joinery company installing School furniture.
I worked on 4 different Schools on their behalf and fell behind on a couple of schools and they are saying that they are deducting money from the two other schools to pay for the Schools we fell behind on, can they deduct money from different project we have completed ?
They have said they tied me into a contract, the contract came across but I did not counter sign is this contract legally binding ?
Kindest Regards
Tony
Submitted: 1 year ago.
Category: Scots Law
Expert:  Ben Jones replied 1 year ago.
Hello what is the contract supposed to tie you in for?
Customer: replied 1 year ago.
Its meant to tie us in to complete all installation works in the installation programme within a certain time.We receive drawings and a basic scope of works that we look through and gauge if we can achieve within the set time of the project, This is not our core business with this company, we currently install pos and signage for them.They were desperate for us to assist with this project as their incumbent supplier let them down, I clearly stated this to them this fact and we would have to learn on the fly.I was constantly harassed with emails stating that I was falling behind and they would be charging me £££ which was more than the contract was worth.The work was unachievable in the time frame given but there business model is to sign a supplier up and if you don't hit the targets they hire other contractors at a premium rate to complete the project with us.I can send across the contract and correspondence emails if this would help.Kindest RegardsTony
Expert:  Ben Jones replied 1 year ago.
Sorry Tony I have just realised you are in Scotland and the laws there may be a bit different so I have asked for your question to be transferred to our Scots law section where a Scots lawyer should pick this up when available. No need to reply in the meantime as t will just assign the question back to me. Thanks
Expert:  JGM replied 1 year ago.
Tony, thank you for your question. I am a solicitor in Scotland and will help you with this.
Can you tell me firstly, do you have 4 contracts, one for each school or one contract for all 4 schools? You also mentioned that you hadn't signed the written contract. Notwithstanding that did you work to the written contract and specification and accept the terms of the contract even if you didn't sign it?
You also said that you have completed the work. Is this for all 4 schools? Did they allow you to complete although late?
-Could you explain your situation a little more?
Customer: replied 1 year ago.
HiWe firstly receive drawings and a scope of works to cost from, but on occasions we have drawings missing and the scope of works have changed when we arrive on site.Yes all contracts are separate they come across as an email with them and the QS signs the contract I have never signed any contract I have agreed to some by email does this tie me into the contract.Each contract is run separately but they are now telling me that they are going to lump in all contracts as one, I had pulled my installers from one site and they are now saying they incurred additional charges and will take it from my total account.Is this legal ?I have a meeting with them this afternoon at 1400hrs, what should I ask for ? receipts, time sheets etc for the additional charges ?My Idea was to flush them out then take legal action if I can.Can I force CCJ's or Decrees on them ? to encourage payment.Kindest RegardsTony
Expert:  JGM replied 1 year ago.
They should not be setting off monies between contracts if the contracts are separate and distinct.
It is an excellent idea to get as much of the paperwork as you can. Without evidence of additional charges/losses that they can justify they can't do what they are doing if there is no contractual right for them to do so.
You can't force decrees on them. You can sue them for non payment and if you are successful you can get a decree. You can also ask the court for arrestments or inhibitions on the dependence of the action so that they would be restricts in the operation of their property or bank accounts and you could freeze monies owed to them in the hands of a client, for example.
I hope this helps. Please leave a positive rating so that I am credited for my time.
Customer: replied 1 year ago.
Absolutely Amazing and so helpful, very professional and the response time to my questions was minutes!Tony Stafford
Expert:  JGM replied 1 year ago.
Thanks for your kind words. Don't forget to rate me positively on the system so that the site credits me for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11431
Experience: 30 years as a practising solicitor.
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