[IrateSubbie]

The main contractor I am subbie of have decided to withhold payment for the work done on their customers property as the customer claims I haven't done the full job they paid for. They are witholding payment from other jobs that I have completed and that they have been paid for in full saying that they will use it to put right this other job, the company also deducted a £500 retention from me when I first started so they are sitting on quite a lot of my money. I have 16 years exp in my trade and have worked for this company for over a year with no major problems until now, what can I do legally?
Help please?

[Fr_Chuck]

Do you have a written contract with them,

Is there a problem with the current job ?

[IrateSubbie]

Yes, have read through the contract and they have covered their backsides by not stating the time length to pay invoices, it is based pretty much on them receiving full payment from the customer. Imo no I have completed it satisfactorily

[IrateSubbie]

The customer was happy with the work completed until the day they went to pay, apparently their neighbour across the road (retired builder) had been watching my entire installation over 3 days and he told them I hadn't done it correctly. That is their basis for non-payment! Which has resulted in the main contractor and myself having a major argument. The contractor is not allowing me to resolve and problem this customer has either!

[IrateSubbie]

The last sentence is meant to read "the contractor is not allowing me to resolve this problem that this customer has either"

[Fr_Chuck]

I most likely if it was me, would go to the customer and try to settle things regardless, unless my contract says I could not.

They can of course go 60, 90 day or so to pay, but you can sue them of course. And there are even some cases where you can go after the customer for payment if you don't get paid

[IrateSubbie]

I was thinking along them same lines, just wasn't sure if the main contractor could create any more problems over me doing that. Have read throough the contract and it doesn't have anything in there stating that I can't, luckily!

Many thanks

[ScottGem]

Some questions Did the master contractor inspect the work and agree it was done improperly? Did the customer spell out what their neighbor felt was done incorrectly?

I would start by writing a letter to the customer with a copy to the master. State that you have 16 years of experience in your trade and that you are confident the work was done properly. State that the customer is welcome to have an independent third party inspect the work to verify that it was done correctly. Give them a reasonable amount of time to do this (1-2 weeks). Otherwise you will be forced to take legal action.

I would send a separate letter to the master stating that you are willing to put up a bond to cover redoing this one job, but that any other monies over and above that be released to you immediately. Or, you will be forced to take legal action.

By the way, if you have to sue the customer, include the neighbor in your suit, since he is apparently the root cause.