Advice Needed on Invoices after Contract Termination

[Ralph]

We had a contract with central contractor to build our house. This was a fixed price job. We terminated the contract with the builder in November 2021 when we were well through. The builder then went into administration.

 

We got the same plumbing company in to finish, he reckoned there was about £1,500 left of work to do. 

 

He has now hit me for £3,500 which includes work he was contracted to do by the builder. This work was invoiced in Feb 2021 and obviously not paid.

 

He is now claiming that the work done before contract termination sits with me. This is money we have already paid to the builder.

 

Any thoughts?

[Simplysimon]

if plumber was brought in by builder and he invoiced builder in feb, then you have no contract with him and are not liable imho. i would suggest the £1500 is all that's payble to him by you. 

[saveasteading]

5 hours ago, Ralph said:

He is now claiming that the work done before contract termination sits with me. This is money we have already paid to the builder.

No. Your new contract with him is £1,500 and the main contract is irrelevant.

You must write to him, recorded delivery, well worth the small extra cost, to say that the sum paid is in full and final settlement of the sum which was agreed before the works.

It is fair to pay the full sum you are happy with. That would make any claim very difficult for him.

[JohnMo]

Anyone employed to do work by the builder, has a contract with the builder, you as the end user are not part of the contract in any shape or form.

 

Do as stated above

[Ralph]

Thanks for the responses, I thought this was the case but it's good to have supporting opinions. I'm going to stick to my guns.

[Simplysimon]

do you know the plumber well or are there other good plumbers in the area for future use?

[Ralph]

25 minutes ago, Simplysimon said:

do you know the plumber well or are there other good plumbers in the area for future 

Plenty of others going about if we need them. 

It's especially galling as we had already paid the central contractor for the work. 

 

[Nickfromwales]

9 minutes ago, Ralph said:

Plenty of others going about if we need them. 

It's especially galling as we had already paid the central contractor for the work. 

 

100%?

[Ralph]

6 minutes ago, Nickfromwales said:

100%?

I would say for all the work done to that point and about half the work we asked plumber to do after contract ended.

[Temp]

18 minutes ago, Ralph said:

I would say for all the work done to that point and about half the work we asked plumber to do after contract ended.

 

OK so this works both ways..

He can't ask you to pay for work done prior to ending the contract with the builder. He has to take that up with the builder.

You can't ask him for credit for the money you over paid the builder. You have to take that up with the builder.

 

[Nickfromwales]

I kind of feel for the plumber, as the 1st fix is where all the assets, head work and material costs tend to lay.

He should have approached you to discuss the ongoing  engagement, but if the builder gave him nothing and he’s  entirely out of pocket then that sucks.

I had one guy working for me who had all his tools stolen. I felt compelled to help him out and he stayed on to work for the company for some time, with a great relationship and a sense mutually of, what sometimes, is the right thing to do.

Difficult for everyone.

 

Has the plumber pursued this chap independently ?

[PeterW]

9 hours ago, saveasteading said:

to say that the sum paid is in full and final settlement of the sum which was agreed before the works.

If that is part payment of the invoice presented then it does create a legal precedent so may not be the best approach. @Ralph you may want to ask the plumber to reissue the invoice for the agreed element which you will pay on receipt, and then help them pursue the builder for the works paid through the central contract. 

[Ralph]

The builder is in administration and from what I understand there is no money so no one, me included is getting anything from him.

 

My main points are I did not choose or contract the plumber for the job, that was the builder. I paid the builder for all the plumbing work done to the point that the builder was gone and some of the work that still had to be done.

 

It's a crap situation but I am not paying for work twice. 

 

[Nickfromwales]

Just now, Ralph said:

The builder is in administration and from what I understand there is no money so no one, me included is getting anything from him.

 

My main points are I did not choose or contract the plumber for the job, that was the builder. I paid the builder for all the plumbing work done to the point that the builder was gone and some of the work that still had to be done.

 

It's a crap situation but I am not paying for work twice. 

 

From the plumbers PoV it hasn’t been paid once  Has he said he will accept the £1500 and walk away?  

Tis crap, oh well.

[Ralph]

20 minutes ago, Nickfromwales said:

24 minutes ago, Ralph said:

Expand  

From the plumbers PoV it hasn’t been paid once  Has he said he will accept the £1500 and walk away?  

Tis crap, oh well.

True. Not that it should matter but this is not a one man band, it's a reasonable sized outfit. 

Not heard anything yet and to be honest the £1,500 was quite steep for the work that was actually done.

[Nickfromwales]

4 hours ago, Ralph said:

True. Not that it should matter but this is not a one man band, it's a reasonable sized outfit. 

Not heard anything yet and to be honest the £1,500 was quite steep for the work that was actually done.

Ah. Ok. That makes way more sense now. Thanks.