Builder issues - looking for money from us.

[Lighthouse]

We engaged a building company to renovate/extend a house for us. We paid a subtstantial amount of money. Approx 80% of what we have paid for has been done. Due to many and various issues we have now voided the contract and are completing it ourselves. During the period when the contract was still active, our builders engaged subcontractors to do some work on site. These subcontractors have not been paid by the building company. They are now contacting us and asking us for the money. Our view on this is that it is not our debt - they were engaged by the building company to do work which we had already paid for. I am pretty sure they have no right to hassle us for the money. Am I right?

 

[Sconhome]

Who did you have the contract with?
Do you mean that you have paid 100% for the work and the company refuses to complete the additional 20%? or that the contract is at an 80% stage and you have cut the contract at this point.
Did you nominate the sub contractors?
How did you void the contract? Was there a dispute mediation or any other system of terminating the contract?

I am sure there may be a lot of factors involved in this but you can be sure, that your contract is with the builder who then contracted the subbies. You should not be involved in this process. If you did not use a contract or terminate the contract in a 'correct' manner due to non-performance this could be difficult to establish.

If you have a contract I would issue a copy to the subbies and inform them of the factors leading to the sacking of the builder and make it clear where the blame lies.

 

[Superman]

Am I right?

Yes, usually - unless you've a collateral agreement with the sub-contractor or unless it's a very unusual form of contract or unless the sub-contractors are in fact independent tradesmen directly employed by you.

Be very careful about the "we voided the contract with the contractor". Have you done so in accordance with the contract and for grounds allowed in the contract? If not, there may be difficulties.

Is there a client agent involved (architect/engineer)?

 

[Lighthouse]

We voided the contract in line with the terms of the contract, and we did so using a solicitor. At the stage the subcontractors were employed, they were employed directly by the building company whom we had engaged. We have advised our solicitor of this approach by the subcontractor and she has informed us that we have no liablilty to him.
Thanks for the advice...

 

[Sconhome]

Lighthouse, if you are still being hassled by the subbies there would be no harm going to your local garda station and explaining your situation. That way if there are any issues or threats to 'reclaim' materials or work you have put the garda on notice.

 

[Caveat]

Lighthouse, if you are still being hassled by the subbies there would be no harm going to your local garda station and explaining your situation. That way if there are any issues or threats to 'reclaim' materials or work you have put the garda on notice.

+1

I would always err on the side of caution in situations like this.

 

[Purple]

Lighthouse, if you are still being hassled by the subbies there would be no harm going to your local garda station and explaining your situation. That way if there are any issues or threats to 'reclaim' materials or work you have put the garda on notice.

++1
They are coming to you because they think they have a better chance of getting their money from you.

 

[Lighthouse]

You have hit the nail on the head there Purple!

 

[Dirac]

In a similar position with our solar panels being eyed up at the moment as something the builders want to remove. I have called the Garda everytime the builders have visited to get it logged. No matter what happens, if you do everything by the book then it is unlikely in the long run that the builders will win, they are just aggressive bullying tactics.