Run a small construction co. - client won't pay final invoice. - help RE: Small claims please ***Resolved***

[Kwabena]

Honestly couldn't say what the cost would be...it would depend on the problem and who fixes it.  If the problem is that it doesn't fall the correct way then it's a big costly problem that could cost thousands.  This has never happened to me though.

 

As I understand it, if there is an issue then they need to contact me first and give me the opportunity to put it right...do you know if that is correct?

 

My friend will be working there on and off and can keep me posted as to what is happening on site but I doubt he will get much info from the clients

 

 

 

 

[BankFodder]

Yes I think there is entirely reasonable that they bring defects to your notice – especially if they think that you should be responsible for them and give you an opportunity to comment.
If they are getting an independent inspection and quotation then I think it's reasonable that you are given an opportunity to comment on the quotation before they put any work in hand.
I was going to propose that you send a letter of claim – but in view of the fact that the drain work is likely to be completed very soon, then maybe it's better to send another enquiry.

 

Quote

Dear XXX

Thank you for your note saying that you will respond once the drain is connected.

I think is reasonable to let me know if there is some problem with the drain and for which you think I might be responsible.
If this happens to be the case then please will you let me know how you are proposing to deal with it. Whether you have had any independent assessment of any problems and whether you have had any independent quotations for remedial work.

I gather from your message that the drain is your only area of concern and that you have no issues with any of the other work which was carried out for you.

If this is not correct then please will you let me know.

Yours sincerely

 

I think it's important that you can show a paper trail and that you have tried to reach out and to engage at every turn.
 

[Kwabena]

Agreed.  Have sent it and will update if/when I get a reply

Thanks

[Kwabena]

No reply...not that surprised to be honest.  They normally reply fairly quickly if they are going to so I'm guessing they're staying silent on this one

[BankFodder]

That's fine. It means that you are applying pressure and they can feel it .

It means that you are occupying the moral high ground .

 

If you don't hear anything by the weekend, then I suggest that we will send them a letter of claim giving them 14 days .

Make sure that you are happy about this because once you send the letter then you have to stick to your timescales. It's not a bluff

 

 

 

 

 

[BankFodder]

By the way, do you happen to know what the professional background of these people is?

[Kwabena]

I don't know much about them at all...I hardly saw them!! I think he is something to do with the organising side of social housing...logistics etc. Probably runs a team.  I think she may work in some capacity for the local authority but I could be completely mistaken about that.

 

I get the impression that they will dig their heels in and fight it if we go down that road.

 

I also get the impression that they will do their research and provide the best defence possible rather than just turn up on the day assuming they will win

[BankFodder]

That's fine, and it's all quite natural.

The main thing to be achieved by first of all sending them a letter of claim and then if necessary issuing a claim is to put them in a position where they have to do disclose what the problem is.

I gather that so far they have given absolutely no clue as to what might be wrong.

 

[Kwabena]

It just seems to be a case of not wanting to pay,  and then trying to find reasons to justify that rather than finding a problem and bringing it up with me to find a solution.

 

It's frustrating as I'm actually a pretty reasonable person and if there was a problem I would be the first to say hold on to some money until it is resolved.

[BankFodder]

I agree that it is probably a case of not wanting to pay – but they will certainly have to explain their basis for their reluctance either to you or to the courts.

You had better start reading up the steps involved in taking a small claim in the County Court. Also you had better start drafting a letter of claim – but keep it scant

[Kwabena]

Many thanks,  i'll have a read through and start preparing

[Kwabena]

Morning.  Quick update...I haven't had any contact at all from the client since my last message.  I've found out from people I know who are still working there that the new drain is installed in the ground although it's not connected to the electric supply yet, and this may not happen for another couple of weeks.

 

I'm only guessing but they may be thinking that they want bathroom/kitchen fitted and usable before they will even contact me,  I would argue that my part of the drain an be tested now.

 

Is it worth asking them when they are going to let me know some information or shall I just send the letter of claim?

[BankFodder]

I'm very sorry but I hadn't at all understood that there was an element of your work which had yet to be validated.
Had you mentioned this before?

[Kwabena]

Yeah this was discussed earlier in the thread...I installed a drain which came from inside the building (from new bathroom and kitchen) and was left capped underground to be connected at a later date which is perfectly normal/acceptable.

The client is saying they won't communicate with me until the drain is installed and tested as they have unknown "concerns" that it is not installed correctly

 

Their concerns are unfounded but potentially I could understand their point.  I feel it's at stage where it could be tested now but I have a feeling they will wait until everything (bathroom/kitchen) is fitted before deciding what to do and letting me know

[BankFodder]

Well this is something that I hadn't grasped before.

I'm afraid I think you will have to wait – as long as the weight is not unreasonably long. You clearly have somebody who is able to feed you information and so you had better keep your ear to the ground.
Let's know what happens – but I don't think you are in a position to proceed now

[Kwabena]

Ah ok...is that true even if they are in a position to test the drains?   Do I just have to wait for them to decide they are ready to speak to me?

Is it worth me emailing and asking them what stage they are waiting for to get back to me,  and asking for a rough date?

 

[Kwabena]

A drain is basically a pipe in the ground which runs slightly down hill...there's not a great deal that can go wrong with it unless it runs downhill the wrong way!  For example, all building control need  to sign them off is to see water being poured in one end and appearing at the other

 

[BankFodder]

If the timescale was several months then I think it would be reasonable to ask for replies quickly. However, as it seems that the timescale is only a couple of weeks then by the time you have sent your letter of claim, and then you are ready to begin an action, it may be that the validation of the system is underway and you could even be at risk of losing your claim fee.

I think you are rather trapped at the moment.
Even though there might be a quicker way to validate the system as you suggest, they are clearly in no hurry to help you or to cooperate and so even getting that done will take time.

I normally like to take control and to be much more assertive but I think that your best interests are served in going along with it for the moment. Very frustrating, I know.

 

You could write to them and set deadlines et cetera – but they probably won't respond and every time you write them a letter and they don't respond, you feel humiliated and they feel as if they have gained some Face.

I'm afraid I don't see any point in taking any kind of action – communication, letters of claim anything – unless you are sure that you have the whip hand and I don't see that at the moment

[Kwabena]

Ok,  thanks for that and I appreciate what your saying.

Just to clarify,  I don't know what stage they are going to say the drains are ready for testing and acceptable to them,  I would argue it could be done now but I am guessing they will want the job completely finished with bathroom and kitchen working.  

If this is the case we could be talking a month or two,  and I would feel it is unnecessary. as drains can be tested sooner than that.  Would you still suggest to wait on this and not send any communication?

 

I don't particularly get annoyed or humiliated when I don't get a reply from them,  I kind of expect it to be honest.  It's kind of frustrating being in this limbo though of just sitting here waiting for them to decide they are ready to talk to me and also decide how much they are willing to pay me

[BankFodder]

I'm just giving you my advice from my point of view.

There is no particular disadvantage to sending them another letter – although I would keep it very polite and not threatening or impose deadlines because you are in a position to do this unless you are prepared to take court action immediately – and I don't think you are.

Maybe you could send them a letter saying that despite their lack of any responses to you you understand that they are waiting to connect up the drains so that they can validate the drainage work that you have done.
If you want to claim the moral high ground, you could explain to them that you understand this although it would have been helpful if they had explained it.
Can they give you a rough date as to when they expect the drainage work to be completed

[Kwabena]

I know,  and I really appreciate the advice you have given

 

I'll write something up tomorrow and post here to see if it's ok

[Kwabena]

Hi,  is something like this ok?

 

Dear ****

 

Further to your previous emails where you stated you wanted to wait until the drain is tested,  would you be able to let me know what test you want to perform and when this is likely to happen?

 

Yours sincerely

****

[Kwabena]

Hi @BankFodder,  just to check is something like the above ok to send?

 

[BankFodder]

Yes. That's why I gave it a Like

[Kwabena]

Ah,  ok.  Sorry, hadn't noticed that