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Sub-contractor & small claims court

  • 17-11-2016 11:58am
    #1
    oceanclub
    Registered Users, Registered Users 2 Posts: 3,412 ✭✭✭


    Can someone take a sub-contractor to small claims court? To speak less generally, the main contractor got a sub-contractor to do a restoration job not in the original job spec. The sub-contractor made a balls of it and it will now cost €2000 to fix the damage.

    P.


Comments

  • #2
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    A contract is between a consumer and a vendor (i.e you and the main contractor), not the subcontractor and so no contractual relationship exists between the consumer and sub-contractor. (A seperate contract is between main contractor and sub-contractor).

    You can however pursue the main contractor as your contract is with them, irrespective of weather the main contractor or a sub-contractor does the work. The main contractor has the contractual relationship with you and it is them who have responsibility to you and it is up to them to ensure the work is correctly done in the first place and as such the main contractor is responsible for recourse, weather the main contractor fixes any issue themselves or use the original sub-contractor (or even a different sub-contractor) is an issue for them to sort, not you.


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