The following articles are part of Michael Gerard’s monthly column in the Leicestershire Builder magazine.

Claiming monies from a discharged bankrupt

Problem: adjudicator’s decision in my favour against a bankrupt builder  I am the managing director of a building company.  The company has been trading for just over 20 years now and has been very successful during that time, although the recent recession did hit quite hard. Since 2013 the company has seen such a significant increase in workload that my existing resources could not cope. I, therefore, ended up subbing-out a couple of entire projects...
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Main contractor ceased trading where do we stand in our outstanding monies?

Problem: Owed money in unpaid applications and work in progress from liquidated main contractor I work as a quantity surveyor for an electrical sub-contractor and on one of our projects the main contractor has gone into liquidation.  The particular project was a major contract for us and we have calculated that we are owed around £65,000.00 in unpaid applications and work in progress. The Employer has since engaged a new main contractor to complete the...
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Refused to pay company for work due to poor workmanship and have received a letter of claim

Problem: What should a letter of claim include and what my response should be? I am the MD of a painting and decorating contractor.  In 2013, we were awarded the contract for carrying out repairs, painting and decorating to a historic seventeenth-century stately home in the Midlands.  Part of the works was for hanging expensive hand-printed wallpaper and we decided to employ a company that was an expert in this. However, the standard of the...
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Forced to carry out noisy work outside normal working hours at shopping centre without payment

Problem:  Contract Administrator says I should have known that this was going to happen My Company specialises in shop and office fit-outs and we have recently commenced a fit-out to a unit on the first floor within a small shopping complex.  The complex is a modern brick and block construction with retail on the ground floor and office space on the first floor. Within hours on the first day (Monday) that we started work, the...
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Fabricator damage claim against Architectural Technician

Problem:  Damages Claim for Breach of Contract I am a self-employed architectural technician trading as a sole trader and recently undertook some detailing for a small scale fabricator. The fabricator has now come back saying that they are claiming against me for over £68,000 due to errors, lost work and being kicked off the job through late issue of drawings etc.  No programme was ever agreed, whilst the information was hit and miss from the...
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Can I pull out of a job after agreeing on a quote for a customer?

Problem: Agreed a quote with customer but only more expensive contractors are available. Do I have to pay? I was wondering if you can advise me.  I am a sole trader and run my own small carpentry business.  I recently quoted a customer to do some work to their property.  They have a house and a reasonably big garden to the rear where a large timber summer house is located.  The summer house is looking...
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Contracting under the NEC3 form

Problem: Struggling to understand an Engineering and Construction Subcontract I work as a quantity surveyor for a medium-sized ground works company based on the borders of Leicestershire and Warwickshire.  Our work is focussed on the industrial and commercial sector and as the economy has picked up over the past 12 months or so, we have started to receive enquiries for larger projects, and recently we have secured our biggest ever contract. As the company quantity...
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Am I under a duty to provide a collateral warranty?

Problem:  Main contractor has asked for collateral warrenty My Company specialises in groundworks for commercial and industrial building projects.  A few months ago, we were invited by a main contractor to tender for carrying out the foundation and external works, and the design and installation of below ground drainage for a new build warehouse in Warwickshire.  We duly submitted our price and were successful.  Just after starting work on site, the main contractor’s quantity surveyor...
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