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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 36866
Experience:  Over 5 years in practice
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My company have been sub contracting to another company for

Customer Question

Hi, my company have been sub contracting to another company for years, I take work from them and use my own sub contractors to carry out the works, pretty much all of it is price work. We have been working on the same contract for several years, the contract is housing association works. We enter a property, carry out a test and inspection and update the property to comply with latest regulations. All works carried out were individually priced, testing, smoke alarms, Fans as well as fault finding, if there were faults, we were permitted to book a half hourly rate for however long it took. The guys use the software of the main contractor on a PDA to process the jobs and I get a printout of the works to invoice, the works done always matched what was processed.Now a few weeks back I checked the money in against money booked and noticed fault finding was not on there. I asked the Contract manager where it was and he informed me that the engineers were verbally told months back that it was to be included in the Test and Inspection price. So I have several months of this fault finding booked by my engineers but not approved for payment by the main contractor. Where do I stand with this. ? There has never been a written contract for these works, I have worked for the contractor for over 13 years. On a sidenote I had told the engineers because I was away last week that I would go through it fully and sort a plan for it, however the week before last one of the engineers text me on Friday evening to say he was leaving, I have now told him until I go through the amounts he has booked over the last few months that was never paid I can't (I know it will be more than he is due) pay him anything until I have a figure. Those that are still working for me are being paid as normal until I know what I am doing or facing.
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Customer: replied 6 months ago.
Expert:  Ben Jones replied 6 months ago.

What is your specific question in relation to this please?

Customer: replied 6 months ago.
Talk here please.
Expert:  Ben Jones replied 6 months ago.

No problem. Please provide the information requested

Customer: replied 6 months ago.
What information do you need?
Expert:  Ben Jones replied 6 months ago.

What is your specific question in relation to the situation you have described?

Customer: replied 6 months ago.
Where do I stand A - with the main contractor who has changed this without any formal notice. B - with the engineers who have booked the fault finding and been paid for it. 3 still working for me and 1 has left.
Expert:  Ben Jones replied 6 months ago.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 6 months ago.
I assume I need to ask someone else?
Expert:  Ben Jones replied 6 months ago.

Yes sorry I looked into it but do not have an answer so will release to the general list for all other experts to pick up if they can

Expert:  Nicola-mod replied 6 months ago.
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!