Courts? NO! ........ Arrange a visit? ..........

Courts? NO! ........ Arrange a visit? ..........

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ultimapaul

Original Poster:

3,942 posts

271 months

Wednesday 30th July 2003
quotequote all
...... Hhhhmmmm, Tempting!


Without going into too much detail, we did a job recently and whilst degotiating a price we agreed to make a start. The job would have taken about 4-6 weeks. After 3 days we and the guy we were working for could not agree a price with his client, so we pulled off site, no drama, no hassle, we were just a long way off. Anyhow, the person we were working for phoned today to say he had spoken to the client and they are refusing to pay for the time we spent on site!


Now, I know we were working for the middle man and he was dealing with the client, but, I feel a lot of loyalty to him as he has supported me when cash flow was an issue many moons ago and very large numbers were involved. The amount here is just over 1k so not exactly high court stuff. However, that little gnawing feeling called principle is having an effect.

Never make business decisions over a principle, OK! How about making a PERSONAL decision and go and VISIT said client?

(Whilst we were on site and negotiating we said we wanted our time covered if agreement was not possible and got the OK.)

Any thoughts?

boosted ls1

21,198 posts

267 months

Wednesday 30th July 2003
quotequote all
It's down to who you were contracting with. The middle man or his customer who, I suspect will counterclaim. Have you any other room for negotiation. Maybe the customer still wants to get the work done?

bobthebench

398 posts

270 months

Thursday 31st July 2003
quotequote all
So basically a middleman asked you to do some work on someone else's property. The property owner thought you were too dear, and you left. A fair summary ?

If so any contract you might have is with the middle man. Sue him - if you dare. If in turn he has a contract with his client, he can sue them for reimbursement.

If you can prove to a court that the owner instructed you to do the work, and agreed to pay for what you did, at a set rate, sue him.

If no amount was agreed, but other terms met, you might have a claim for betterment, i.e. how much value your work added to his property, but 3 days of a six week job probably isn't much.

Think you need to put it down to experience. And in future be clear before you start any contract what the contract is for, who will pay you, and how much. If you don't, there is no contract.

If you arrange a visit to enforce a debt not lawfully due, you are commiting a criminal offence. Be warned.

ultimapaul

Original Poster:

3,942 posts

271 months

Thursday 31st July 2003
quotequote all
Thanks for the advice ...... I was in a bit of a rant mode last night. For the money we're talking about I'll probably put this one down to experience. At least find out what settlement they're prepared to pay. I just get wound up when people who want a job done and are under pressure will say one thing, then, when things are a little easier they change their attitude and get all brave and cocky.

A couple of thing though.....

The guy we were working for has been very up front. His client won the contract to do these works and just brings in sub-contractors. The end client would not know what has been going on.

I do a lot of business in the contracting world (8-years) and have found, on the whole most people are hard but fair. There is a small minority that gives some aspects a bad name though. As I said, promises promises when their in the smelly do do's and cocky little fukcers when you've dragged them out.

I know they'll get found out eventually though. I work in a very incestuous field and they are a fairly new company. They'll just find it harder & harder to get people to do the work for them.

Oh, and BOB ..... I wasn't going round to collect any money, no, I was going round to collect my pound of flesh!

bobthebench

398 posts

270 months

Friday 1st August 2003
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ultimapaul said:
Oh, and BOB ..... I wasn't going round to collect any money, no, I was going round to collect my pound of flesh!


Old fashioned violence is fine, you know to prepare an alibi. Just don't admit to demanding money, with or without menaces, unless you also give some thought to an alibi !!

ultimapaul

Original Poster:

3,942 posts

271 months

Saturday 2nd August 2003
quotequote all
bobthebench said:

ultimapaul said:
Oh, and BOB ..... I wasn't going round to collect any money, no, I was going round to collect my pound of flesh!



Old fashioned violence is fine, you know to prepare an alibi. Just don't admit to demanding money, with or without menaces, unless you also give some thought to an alibi !!



As always, sound advice Bob. Cheers. Just a shame I've calmed down now!