Author Topic: Rough Justice  (Read 7426 times)

Offline David Rooney

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Rough Justice
« on: September 23, 2009, 10:22:38 AM »

Now I remember why we do as little work for "Builders" as we possibly can.

Typical scenario, we sub-contract to an electrical contractor, the big "reputable" kent based builder goes bust on this high profile local job having received their lottery funded payments and not passed them on.... and we get stuffed being owed £14k ...

And then the powers that be invite us to "competitive tender" for the remainder of the works!!

What is the point of this "contractual" BS we have to go through when it still basically a lottery if we get paid or not.

If this poxy government could ever get one thing right before they get turfed out they could regulate the building industry.

Sorry rant over..... ish.....!
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Offline Wiz

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Re: Rough Justice
« Reply #1 on: September 23, 2009, 02:00:03 PM »
Agreed David. I'll now take over the rant baton and take it a bit further!

The whole current business system is riddled with opportunities for the disreputable to take advantage of the trust extended by honest people. In fact they think that the honest person is a mug and they laugh at us.

 I truly believe that all Governments are happy for it to stay this way. Many politicians (current and ex) are in positions of responsibility in Companies and they would hate to be held responsible for any of the business debt. Far better for them to make the business insolvent and allow the debt to be wiped clean with minimal consequences. Obviously the outstanding debts we are talking about are those owed to honest small businesses and not the Government and banks - they are first in-line to hoover up any assets, and then the crooked insolvency practioner takes the rest (he knows that if he keeps the Government and banks sweet then they will allow him to f**k everyone else over)

It may well be that the builder in your case was forced into insolvency due to debts further up the chain and maybe even on a different job that you are involved with. However, at the end of the day, some a**ehole has got way with not paying somebody else and you are suffering because of it.

Bring on the revolution! - this country is broken and it stinks from the odour of rotten politicians and most of those operating in the 'closed' professions, especially solicitors and insolvency practioners. It wouldn't concern me if a Military junta took over this country tomorrow, because maybe then we would get someone who might try to make things a bit fairer for everybody, and I just can't believe it could be any worse than it is now.

p.s. David, from your description your debt is owed to you by the electrical contractor and not the builder. It is the elctrical contractor who should pay you.


Offline David Rooney

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Re: Rough Justice
« Reply #2 on: September 23, 2009, 02:14:26 PM »

p.s. David, from your description your debt is owed to you by the electrical contractor and not the builder. It is the elctrical contractor who should pay you.


Yes except that we are effectively bound by the same contract they have signed with the builder, so if they get 5p in the pound then so will we..... in about 5 years time when it gets settled......
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Offline Wiz

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Re: Rough Justice
« Reply #3 on: September 23, 2009, 02:59:57 PM »

p.s. David, from your description your debt is owed to you by the electrical contractor and not the builder. It is the elctrical contractor who should pay you.


Yes except that we are effectively bound by the same contract they have signed with the builder, so if they get 5p in the pound then so will we..... in about 5 years time when it gets settled......

So you are also a sub-contractor to the builder, rather than to the electrical contractor and you signed contract documentation to that end?

If you were specified as a sub-contractor in the tender provided by the client, in many forms of contract there is a legal obligation for the client to ensure you receive payment even if they have already paid the main contractor to pay you. In these contracts the main-contractor/sub-contractor relationship is mainly an administrative obligation for which the main Contractor is paid an additional 2.5% for his administration work, rather than a system that absolves the client from responsibility in ensuring all trades that he has specified to be used, are fully paid.

If you contract was purely with the Main Contractor (bust builder) then you are probably f***ed but if you were specified as a sub-contractor by the client, you might still be able to make the client pay you for your work. The client probably isn't going to tell you abou this because it is not to his benefit.

It might be worth getting a contract law specialist involved.

Offline Allen Higginson

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Re: Rough Justice
« Reply #4 on: September 24, 2009, 01:31:17 AM »
One word - five letters - begins with C and women don't like it said.

Offline David Rooney

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Re: Rough Justice
« Reply #5 on: September 24, 2009, 02:39:23 PM »

It might be worth getting a contract law specialist involved.

That's exactly what I've done this morning... we don't want to cut our noses off but it's nice to know where we stand legally.....
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Offline Wiz

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Re: Rough Justice
« Reply #6 on: September 30, 2009, 01:25:09 PM »
One word - five letters - begins with C and women don't like it said.

Crabs?

Offline David Rooney

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Re: Rough Justice
« Reply #7 on: October 02, 2009, 09:12:36 AM »
One word - five letters - begins with C and women don't like it said.

Crabs?

I picked up one of those in whitstable the other week.......
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Offline jokar

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Re: Rough Justice
« Reply #8 on: October 06, 2009, 06:10:27 PM »
and where pray is he or she now?