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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49816
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Can you help? We are a Mechanical Contracting company who

Customer Question

Hi, can you help? We are a Mechanical Contracting company who have received an invoice for works carried out on a contract. Our normal company policy is to issue purchase order's but it appears that this subcontractor has been given a verbal instruction from an ex employee who has since left our employment. Having looked at site records and in the interest of trying to be fair to this contractor we are struggling to agree on values to be repaid. Can you advise where we stand legally on this?
My email address is***@******.***
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long ago was the work carried out?

Customer: replied 1 year ago.
Works were carried out from February to June this year.
Customer: replied 1 year ago.
The company was not aware until July this year that this company was even on site. I believe there is an element of them just appearing on site to work alongside somebody that we had actually employed.
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. This won’t necessarily be an easy matter to resolve. A lot would depend on who instructed them and if they had the authority to do so. So if this was someone who in the course of their employment with you would have been entrusted with getting contractors and assigning work, etc then they could be deemed to have authority and you as a company are likely to be bound by their actions. After all if you have derived benefit from the work they carried out you will have to pay them. I presume you do not dispute that you owe them something for the works but you are just not agreeable with the amount that is owed. If you and the other side are unable to reach an agreement as to what is owed, then it may have to come down to someone independent to do this on your behalf. Eventually this could be a court but in the meantime you could consider the services of a professional mediator or arbitrator. Both you and the contractor would need to agree on this to be able to proceed with mediation and neither party can be forced to participate in it as it is a voluntary process. If they do not agree to it and there is still no resolution, you may have to take the matter to court. You would be making a claim for the money you believe they owe you and they would be trying to defend that claim arguing that the amount should be less. It is the court who will decide what should be paid and why so you are going to let them make that decision for you.

This is your basic legal position. I have more detailed advice for you in terms of the steps you must follow in order to pursue this matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, my response should be visible on this page. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.