legally allowed ?

[hammers4spanner]

Basically is this legally allowed . Have done some work for a builder where a crimping tool was used however brandons that I used never had o e so the company I was contracting to ordered one off speedy hire and when it was delivered I signed for it.

However I only used it for a day as was only a few crimps this was late friday afternoon and crimp was left on site. The builders returned to site on monday and imo they forgot to off hire the crimp tool and was left o site for ten days after .

Thus far have not received final payment and they have said its because I did not return crimp tool and so this invoice is in dispute

Can you do this even tho I only signed for crimp have no account with speedy yet they are not paying because the builder has been stung over thw crimp

 

[REDSAW]

err! you couldnt get one so they got one for you as a favour!!.

you used it left it there for the weekend but they failed to spot it was on their account thus left it alone while they were being charged for it.

did you inform them you had finished with it prior to the weekend?

i see you should pay upto weekend unless you told them you finished with it prior, then the time it was laying on their site in their presence without being returned is their fault as they should organize their returns.

 

[rocketmanbkk]

Yeah, if you informed them they should have organised for its return. Then they pay ,

How will they make you pay? Deduct from what they owe you? If not, will you pay or will the take you to court?

Do you want more work from them? It sounds as if the relationship has broken.

All the best.

 

[Ray Stafford]

The question is where the contract lies, and who was acting as an agent, and who was acting as a principle.

If you have contracted to do some work which requires a crimping tool, you are responsible for providing the tool, unless the contract specifies some other arrangement.

If you are unable to provide the tool, and they step up to help out, there are two possible interpretations.

1) that they have changed the underlying contract by providing the tool, and have taken on responsibility for it OR
2) that they have acted as your agent in sourcing a tool which you were contractually obliged to provide, and that you are still responsible for it

Unless there is some (written) agreement to the contrary, and assuming that you are subbying (not employed) then I think that the court would be most likely to say that 2) is the situation - in which case its your fault, and the hire charge is down to you.

However, I think the best next step if for everyone to keep their tempers, and for the builder and you to have a sensible conversation with the tool hire company, and come to some kind of settlement.

 

[REDSAW]

try splitting the charge as good will?

 

[hammers4spanner]

The question is where the contract lies, and who was acting as an agent, and who was acting as a principle.

If you have contracted to do some work which requires a crimping tool, you are responsible for providing the tool, unless the contract specifies some other arrangement.

If you are unable to provide the tool, and they step up to help out, there are two possible interpretations.

1) that they have changed the underlying contract by providing the tool, and have taken on responsibility for it OR
2) that they have acted as your agent in sourcing a tool which you were contractually obliged to provide, and that you are still responsible for it

Unless there is some (written) agreement to the contrary, and assuming that you are subbying (not employed) then I think that the court would be most likely to say that 2) is the situation - in which case its your fault, and the hire charge is down to you.

However, I think the best next step if for everyone to keep their tempers, and for the builder and you to have a sensible conversation with the tool hire company, and come to some kind of settlement.

its ratehr more messy than that

firstly another plumbing company started the work but about 25% done they then failed to show up on site so the builder contacted me , i didnt want the job as i was busy but said as i a favour i will do some work to aid you to push it on but you need to get other plumber back.

thus i never had a contract or any puchase order from the builder

also i when i bought the fittings i shot over to brandons after but due to it being half term all crimping tools were out on use .

this is when the builders supervisor stepped in and said we will source crimping tool off speedy hire ( i have no account with speedy)

i told the builder that i had only need of it on that day (friday)

come end of the day when the biuilders staff were leaving i told them it will be on scaffold where everyone was working for them come monday . I left it open and in clear view on the access ladder for monday morning which when i returned 4 days later it had obviously been moved and i never saw it again .

one of the builders employees had moved it and it was left on site untill they off hired it at the end of the job

 

[hammers4spanner]

also i had found out that they have lost money in 2013 on a few jobs including this one and numourous contractors are owed money .

its as if they dont wish to contest the invoice with speedy but will bully a smaller fish to keep our money

 

[Ray Stafford]

Dunno what to suggest Hammers. One of the signatures of a firm in trouble is a sudden spate of back-charges to suppliers and subbies. Back in 2008/9 there was a real spate of it.

Just stick to your guns and use the small claims court if you have to. And keep a written record of everything - even notes of telephone conversations.

 

[REDSAW]

how much is owed? whats the rate?

 

[hammers4spanner]

Speedyhire want 775 for hire

 

[Ermintrude]

That's extortion!

 

[jtsplumbing]

wonder why any one bothers doing work for builders ! will screw you over at every opportunity , have been caught twice over the years and both times by building Co,

 

[northcarr]

Speedyhire want 775 for hire

Bloody hell how much are they to buy .