What to do if building contractor won't pay sub contractor?

kerryman10 · 02-12-2018 06:28PM #1

Hi all.

I'm a painting contractor that was working for a principle contractor.
The project has now just been completed and, all of a sudden, the contract manager will not answer calls or return emails.
The contract was €60,000 but I'm now owed approx €20,000. The job was done to a vet good standard and I have photo/video proof.
If he doesn't answer the phone tomorrow then I plan to travel to another county to attempt a surprise meeting but other than that I don't know what else to do.
Any advice would be greatly appreciated.

Thanks

Car99 · 02-12-2018 06:40PM

I would go meet him face to face , keep it civil and I would record the meeting. Also I wouldn't be easily be fobbed off.
Bank transfers take seconds so if he has the funds and is intending to pay you he should be able to sort it out while you are there.
€20k is an amount I would invest quite a bit of time in to ensure i was getting paid.

Gravelly · 02-12-2018 06:52PM

Is there a client? A friend of mine had a similar problem to you and he wrote to the main contractor telling them he would contact the client directly and ask for payment - got paid that week. Worth a try.

Under His Eye · 02-12-2018 07:14PM

See a solicitor.

Discodog · 02-12-2018 08:02PM

I know someone in a similar situation. He contacted the homeowner & they were very sympathetic. They warned the builder that they would deduct his payment from the final payment. It worked & the subby got paid.

NUTLEY BOY · 03-12-2018 12:03PM

Gravelly wrote: »

Is there a client? A friend of mine had a similar problem to you and he wrote to the main contractor telling them he would contact the client directly and ask for payment - got paid that week. Worth a try.

Your friend was lucky and was treated quite decently.

The problem for a sub-contractor is that of the contractual relationship.

Specifically, the sub-contractor usually contracts with the main contractor but has no contractual relationship with the principal. Therefore, a sub-contractor has no legal rights in contract against the principal.

We saw this happen too often in recession times where sub-contractors completed the relevant works and the main contractors ceased trading without paying what was due. Cue shrugging shoulders of indifferent principals :rolleyes:

Gravelly · 03-12-2018 12:57PM

NUTLEY BOY wrote: »

Your friend was lucky and was treated quite decently.

The problem for a sub-contractor is that of the contractual relationship.

Specifically, the sub-contractor usually contracts with the main contractor but has no contractual relationship with the principal. Therefore, a sub-contractor has no legal rights in contract against the principal.

We saw this happen too often in recession times where sub-contractors completed the relevant works and the main contractors ceased trading without paying what was due. Cue shrugging shoulders of indifferent principals :rolleyes:

I agree - in the case of my friend, the threat of going to the client was enough to get the MC to pay as he didn’t want to jeopardise future contracts with that client, but this won’t always work.

Victor · 03-12-2018 01:31PM

Often, the client is also slow at paying the main contractor.

kkelliher · 03-12-2018 08:51PM

There is a piece of legislation called the construction Contracts Act 2013. It was brought in to sort out issues within construction and payment disputes. Have a chat with someone who knows anything about it and you should get sorted. Outside of an exemption for one off dwellings (needs explaining) it applies to any contract over €10k.

The idea of going to have a chat with them about it is great in theory but lacks any commercial reality and most clients wont actually care unless your nominated. I assume its a decent project if your contract was €60k for painting. the Act also has an inbuilt payment process which makes getting paid clearer so you should find out as much as you can about it.

What to do if building contractor won't pay sub contractor?

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