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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50191
Experience:  Qualified Solicitor
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The builder who we signed a contract with in September has

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The builder who we signed a contract with in September has gone bust and we cannot contact him. Although the project is 90% complete, he failed to pay his subcontractors and providers of goods. These sub contractors have now approached us and said that we have to pay them for the goods and services provided or theory will enter the property and take back the goods. We believe that as our contract was with the builder and their contract was also with him, they should pursue compensation from him and not us. Can you please advise us accordingly as we are frightened by the threats to remove items that we are receiving.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Was it a limited company?
Customer: replied 2 years ago.
Yes. South East Builders ltd
can they enter without your consent, is it an open property or do you have to let them in?
Customer: replied 2 years ago.
The property is nearing completion with a locked front door but boarded up back door at present. We have a different set of builders completing the project. The window supplier has said he will come round and take any goods he supplied unless we pay him. We had been told by the building contractor ( to whom we paid £90k plus VAT) that the windows had been fully paid for at point of order. The property belongs to my elderly father who is currently living with me until the work is complete and he is extremely anxious about the situation.
Your assumption is correct. You have a contract with the building firm and they will in turn have had contracts with the subcontractors. Once you paid for the work in full, title to the work and materials passes to you so they are your legal property. The subcontractors would have to pursue the party with which they had a contract, which in this case is the builder. They cannot just turn up and take the goods they had supplied, even if they were not paid for them. As mentioned the legal title wold have passed to you and any dispute they have over payment would need to be dealt with under contract law against the party to the contract they had. If you do not give them permission to enter the property and they attempt to do so then that would amount to trespass and any further threats could amount to harassment. So do not be intimidated – if they turn up at the property and become threatening just call the police. 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
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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