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Tom

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Everything posted by Tom

  1. OK, so the contractor has failed to answer my questions re the disputed items on the invoice (broken tiles, tower scaffold hire) or provide any evidence as to why I should be liable for these costs - they have essentially completely ignored my last email to them. Instead they have emailed what they call a "Letter before Legal action is taken" - saying this: "This letter serves as a notification that legal action will be taken in 7 days if the full payment for Invoice (deleted) which were due for payment on 28th January 2025 remains outstanding. We have sent reminders and a final demand and yet the payment remains outstanding. Failure to settle the outstanding amount will result in (deleted) taking the following actions to resolve the overdue payment: 1. Application to the Small Claims Court to recoup the money owed plus legal expenses. 2. Termination of the contract which will void the 12 month defect period." In the email they also say "failure to pay the full amount in 7 days will lead to us terminating your contract, which include all subcontractors and will void the 12 month defect period. Under the termination, any trades that have to complete work will be under no obligation to return or to provide any certificates" I am currently withholding costs for broken tiles and tower scaffold hire but I have agreed to pay an amount to cover the original tiling costs that I had previously withheld, pending their evidence for this cost (which they have now sent me and is satisfactory). Now that it looks like they are threatening not to return to issue the electrical completion certificate, would it be reasonable for me to pay for the tiling costs, as above, but subtract a reasonable amount for getting a third party to test and issue the electrical completion certificate, if this were needed?
  2. I guess so. Not sure what paint tbh, I'd normally say something oil based that needs highly toxic chemicals to clean the brush after, good old fashioned stuff. However, seems most paints these days are water based and less toxic, disappointingly. Why not just scrape off the powder coating though and bask in the majesty of the galvanising?
  3. If it's silver with a bit of white powder on it (which it looks like it is) then it's highly likely to be galvanised. Unprotected mild steel would be covered in rust. Looks like the powder coat was just a cosmetic thing rather than to protect the metal, which, as above, rarely lasts long anyway. Galvanised you'll be good for years!
  4. That looks galvanised no? Might need an etch primer on the zinc IIRC.
  5. Also, the wording of their letter stating the penalty interest is this: "The outstanding balance is now incurring interest at 8% over the UK base rate for the (sic) each day it is not settled." To my eyes, this clearly indicates it's a daily penalty of base+8% - which is ridiculous, as many have said above. Does this make their notice invalid?
  6. Hi again. So, it's been 2 days just about and no response from the cantractor to my queries. Their self imposed deadline of early next week is approaching at which point they have threatened to pursue legal action. Is there something legal sounding that I can send them that basically states that in the abscence of any response from them it is impossible for me to meet their deadline? I just want to make sure that, if this ever does go to law, I can show that I have been absolutely reasonable and transparrent in this whole saga. I guess that, given their silence, they can clearly not answer why I should pay for broken tiles broken by their contractor, or the tower scaffold that they left on site for months on end without being used.
  7. Hi both. The hire was definitely included. The invoice specifically said "for scaffold and tower hire" or something like that. I paid this off long ago. The electricians, and everyone who used the tower, were employed by the main contractor.
  8. They priced for scaffold and tower hire as part of the work. I've paid for that. The final invoice now has this extra line on it for additional hire of tower scaffold. Their argument is that because I passed on a message from their sparks, that they still needed the tower, that I was responsible for it going forward and I should have informed them when it was no longer needed. This all coincides with when they sacked their project manager and not replaced.
  9. It was, and I paid it. This is extra for the overrun while it was safely sat in a corner covered in cobwebs.
  10. They hired it in. The whole thing turned in to a mess with their sub-contractors being slow/not showing up, then they fired their own project manager - so essentially the whole project was without any oversight. The tower was obviously just forgotten about, left in a corner and just gathered dust. Now they are trying to get me to pay for their mistake.
  11. Thanks for all the input everyone. I think it must be BoE +8% annually! Anyway, other than the previously agreed retention, there are two points on the invoice that I am contesting, and that I have withheld payment of: - replacement of tiles broken by the tiler when they were installed, totalling £1,200 - extra hire of tower scaffold for £1,900 (!) The tower scaffold was for the use of the contractor and his sub-contractors, it was left on site for months and months unused and was eventually taken away. Basically, the contractor forgot it was still on hire. Apparently this is my fault and I have been charged. I absolutely do not feel I should be liable for the above, and I'm sticking my heels in!
  12. I've never signed a contract, or even been shown their terms. But I guess after working with them for a year+ then you are deemed to be working under their contractual terms by default?
  13. Thanks again both. I went back to the contractor yesterday with the points on the invoice that I'm contesting, sent them the Pay Less Notice and paid them by bank transfer for the balance. They have, not suprisingly, pushed back and are now saying the invoice is accruing interest at something like BoE base rate + 8% a day! My question is, do they actually have the right to impose this "late payment" charge on an invoice that I am contesting? I have never signed a contract with them.
  14. Thanks both. I was unaware of a Pay Less Notice. I don't actually have a signed contract with these people, if that makes a difference - shall I send a Pay Less Notice anyway?
  15. Hi all, the saga with this invoice continues. So, as a recap, the contractor has agreed a retention to cover work still outstanding and are now saying the invoice (less the retention agreed) is due to be paid. As above, I wanted to raise the issue of the damaged kitchen doors and a few other items on the invoice that I shouldn't be liable for. So: - I suggested a call last week to discuss the invoice - they declined, saying they will not speak on the phone, insisting everything is via email - I emailed detailing my queries re the items on the invoice that I believe I shouldn't be liable for - they responded saying they aren't getting in to a "tit for tat" and that the invoice is now due - I responded, again reiterating my position re the items I shouldn't be liable for - no response from them and now their self-imposed deadline of today to pay the invoice has arrived From a legal point of view, where do I stand do you think? I'm not paying an invoice that includes items that I don't believe I should pay for. Should I reply again and suggest I pay for everything else but these, so as to give more time to come to agreement about the rest? Does the deadline imposed by the contractor to pay the invoice actually mean anything- especially if I am contesting the invoice? It seems a completely random deadline pulled out of thin air to simply pressure me.
  16. Can you get up in the attic and have a look at the underside of the roof?
  17. Thanks both. I am speaking on the phone though, and we have agreed to the 1.5k retention. The question is whether to speak to them specifically about the kitchen doors now, or wait until the plumbing has been completed.
  18. Thanks all. The amount I'm withholding for the plumbing work would cover the damage to the doors and other items. So, the way I see it there are four possible scenarios: - withhold 1.5k as agreed now, final plumbing work completed, contractor asks for final 1.5k to be paid at which point I say that the cost for the doors should be taken out of this etc. We agree on a figure and walk off in to the sunset happy: unlikely - withhold 1.5k as agreed now, final plumbing work completed, contractor asks for final 1.5k to be paid at which point I say that the cost for the doors should be taken out of this etc. He disagrees but as all other work completed I'm in a comfortable bargaining position: likely - raise the issue of the damaged doors now, agree additional money to be retained by me until rectified: very unlikely - raise the issue of the damaged doors now, contractor kicks up a fuss and says that no plumbing work will be done until I pay the invoice. My bargaining position is weaker as I still need the plumbing work finished: likely The question is whether to raise the damaged door issue now, and risk the plumbing work not being done, or later after the plumbing work has been done but when less money (though still sufficient to cover costs) is owed. And, if by paying the invoice less the "plumbing" retention of 1.5k I have in effect paid for and accepted liability for the doors?
  19. I've got significant concerns that, based on their previous behaviour, that if I raise further concerns with the invoice now they will just refuse to come back at all to complete the plumbing work. If I withhold the 1.5k as agreed, pay the rest, and they come back and complete the work then that puts me in a far stronger negotiating position. But would I be deemed to have "paid" for the doors already?
  20. Thanks @Pocster . I am essentially withholding 1.5k (for the plumbing work) which would cover the replacement door cost etc, but I just don't know if paying an invoice that includes the replacement door costs now, precludes me from challenging this later?
  21. Hi all. I really need some advice here if I can impose on the hive-mind again. So, our main contractor has issued their final invoice which I have contested as there are a jobs the plumber has yet to finish. They have agreed to withhold 1.5k until this work is done which is good, but there are also a few items on the invoice which I should just not be liable for which I want to contest too, one of these is being charged for the replacement of damaged kitchen cabinet doors that their worker damaged. I have yet to raise this point with the contractor, as I just want them to come back and finish the plumbing work, but if I pay their final invoice - less the amount being withheld for plumbing - am I deemed to have "paid" for the damaged kitchen doors and will therefore have no grounds to contest this later? Thanks all
  22. Do you actually need the strength of the marmox? I used compacfoam under our doors, much cheaper and easier to work with
  23. Can any one recommend a good external 4G antenna? our roof/cladding is black corrugated tin, so I quite like the look of this https://www.amazon.co.uk/dp/B07N87GG21/ref=twister_B0BT1SM6QV?th=1 but I'm not sure if I need GPS, WiFi etc. I need at least a 5m cable on the thing too. Thanks all
  24. Looks like the installers are going to pull their fingers out and install insulation around the intake pipe. Does the exhaust pipe need doing too? There's no condensation on it, but I would imagine it would be below room temp.
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