Sub contracting issue

[pennwaig]

Hello everyone ,

I am in need of some advice please .

October last year a roofer asked me if I would work with him to finish a job which I did . I was working there in all weather up to Christmas . The roofer himself was hardly ever there so I almost completed the job for him until the weather got the best of me and I caught pnewmonia and was bed ridden over christmas . I estimated that there was only a few days work left , just the hip leadwork and ridge leadwork as all the slates were laid .

I have billed the roofer for my work at the beginning of Jan and again 2 weeks later after not hearing from him . Last friday I met the owner of the property to collect my tools and she said that the roofer did not return and she has since given the work to complete the job to another company ! This company has also taken my tools !!!

She is also refusing to pay the roofer because he has not come back to finish ! Where does that leave me as The roofer will not have money to pay me until he is paid himself ?

Thank you in advance for any advice

[ploddertom]

Did you have anything in writing? Have you asked for your tools back?

[maddiemay]

Did the main contractor verify you as a sub contractor?

Did you receive a monthly statement of deductions from contractor?

[pennwaig]

No I have nothing in writing . The roofer asked me how much I charge per hour and we agreed the price and that was that . The owners of the property were so happy that I had come there to work because the job had been ongoing since June . I would have finished the job but for the pneumonia ! I just thought that I had some sort of legal right to the money owed as I did the work !

Thanks for the reply

[maroondevo52]

Your problems with the roofer, he needs to get the home owner to pay for the work you carried out, surely she can't just say she's not paying anything because the work was not completed. Did the roofer have any sort of written contract with her.

[maddiemay]

It's not really your problem if roofer isn't being paid by customer, he still has to pay sub contractors regardless. It's up to roofer to chase customer for payment for work done, regardless of whether it was finished or not. Roofer hasn't really lost much at the moment as you did most if the work, so unless you force him to pay you, he won't bother to force customer.

 

Write to the roofer, with an amended invoice, minus the deductions, as it's his responsibility to deduct, and forward it with his monthly contractors return, to tax office. Make sure you make the deductions for tax clear on the invoice. As he's the main contractor he will know what he's supposed to do, and if he thinks you know too, he may just pay up rather than risk legal action uncovering anything. Also this way means you're above board so if you decide to take the legal route you've done everything correctly.

 

Not sure about the tools issue, homeowner must know who was working on her property, write to her and ask for their details, then write to them, asking for them back.

 

Fingers crossed for you, he could be ill himself I supose, let's hope so, rather than trying to con you.

Good luck

[pennwaig]

Thank you for the replies , much appreciated !

Diolch

[julesverne]

if all else threaten the roofer that you will be going to report him to the HMRC that may or may not help but as it stands you aint got nothing to lose as he should have been paying your CIS contributions.

 

this is also the main reason i dont like to sub contract to anyone and if i do payment up front.