HELP! NW Gas Alliance and legal action

kelly30lpool

9 months ago NW Gas Alliance begun work to replace the old gas pipes outside my garden wall. During excavation they took a chunk of my wall with it. They used a contractor FLYNN.

At first FLYNN wanted to patch up the wall which I protested against because the wall was complete and intact and most certainly not patched up. They agreed to rebuild the whole wall but 6 mths on this had not been done. I said I wanted to get my own builder and they asked me to send in two quotes which I did, but they said they were too high!

I got back on to NW and complained which seemed to move things on with FLYNN because 8mths later last month, I got a letter saying they would pay for the rebuild BUT upon receipt of an invoice! I protested that I have not got the funds to pay a builder for the works. They then said that they needed an invoice to release payment. I argued that the majority of residential private builders nevermind mine, want money upfront for materials then the balance on completion. So to expect my builder to do works totalling £1200 on the say so that a third party (FLYNN) will pay them AFTER the work is absurd! I mean the builder would obviously have to do the work, be out of pocket, then wait god knows how long for FLYNN to send them a cheque and then wait for it to clear!

I've tried argueing that the £1200 is compensation ie compensating me to rebuild the damage they have caused and that surely their insurers should be able to make a payment. I wouldn't mind but I've only asked for the actual cost of the works. Not to mention the cost of national rate telephone call, stress of chasing them and the 9mths that my garden has been out of action for. I have a toddler who obviously can't play outside because it is not secure because of the gaping gap.

At the end of my tether and would like to sue them, is this possible?
Is it possible through the small claims court?
And who do I start the action against, NW Gas Alliance or their contractor FLYNN?

ANy help advice would be appreciated, thank you, kelly

Cardew

Welcome to the forum.

It is quite normal for the job to be completed and an invoice produced before a company will pay out.

What happens if the builder is paid and you are not satisfied with his work?

The normal position is for a reputable builder to carry out the work and wait for the firm to pay him; he might factor the probability of a delay in getting his money into the estimate. Why get a small residential builder who wants money 'up front'?

If the firm have agreed to pay in full for the damage, you can hardly sue them; unless you want to sue for stress etc.

Sorry but I don't think you will have much joy in getting them to pay you before the work is completed.

Suppose your car was damaged and the other insurance firm agreed to pay for the repairs, you would not get them to give you the cash before it was repaired.

Also, although I am sure it doesn't apply in your case, many people would get the £1200 and either not bother to get the job done or get their builder to do it for 'pound notes'

Premier_2

You could ask if they would accept a pro-forma invoice to release the money. The danger there would be that should the builder encounter a problem and need to charge you more than the pro-forma invoice value, you would need to fund the difference yourself. Having said that, I'm not sure what type of problems he might encounter in building a garden wall. Perhaps he might if it involves digging new foundations.

Best advice though would be to find a builder that is prepared to accept payment once the work is completed. It's never wise to pay a builder before work is completed. Try & explain to the builder beforehand the situation and that he may have to wait 2-3 months for payment and should make the bill reflect this. (i.e. to add the appropriate interest, not not explicitly, just make the invoice read payment due within 90 days).

Gavioli_UK

kelly30lpool wrote: »

9 months ago NW Gas Alliance begun work to replace the old gas pipes outside my garden wall. During excavation they took a chunk of my wall with it. They used a contractor FLYNN.

At first FLYNN wanted to patch up the wall which I protested against because the wall was complete and intact and most certainly not patched up. They agreed to rebuild the whole wall but 6 mths on this had not been done. I said I wanted to get my own builder and they asked me to send in two quotes which I did, but they said they were too high!

I got back on to NW and complained which seemed to move things on with FLYNN because 8mths later last month, I got a letter saying they would pay for the rebuild BUT upon receipt of an invoice! I protested that I have not got the funds to pay a builder for the works. They then said that they needed an invoice to release payment. I argued that the majority of residential private builders nevermind mine, want money upfront for materials then the balance on completion. So to expect my builder to do works totalling £1200 on the say so that a third party (FLYNN) will pay them AFTER the work is absurd! I mean the builder would obviously have to do the work, be out of pocket, then wait god knows how long for FLYNN to send them a cheque and then wait for it to clear!

I've tried argueing that the £1200 is compensation ie compensating me to rebuild the damage they have caused and that surely their insurers should be able to make a payment. I wouldn't mind but I've only asked for the actual cost of the works. Not to mention the cost of national rate telephone call, stress of chasing them and the 9mths that my garden has been out of action for. I have a toddler who obviously can't play outside because it is not secure because of the gaping gap.

At the end of my tether and would like to sue them, is this possible?
Is it possible through the small claims court?
And who do I start the action against, NW Gas Alliance or their contractor FLYNN?

ANy help advice would be appreciated, thank you, kelly

My experience in the utilities industry has been that any damage like this would be refered to the contractors insurers who would then deal with the owner (or their insurers) of the damaged property etc. Usually the insurers would arrange for the work to be done and arrange everything.

I am sure that the contractual arrangements NW Gas Alliance had with FLYNN would include proof that the contractors had substantial insurance cover for third party damage and an agreed process for reporting damage to NW Gas Alliance as principals for the work being carried out and the insurers involved. This is standard practice.

Have you got details of FLYNN's insurers?

Are you in a position to refer the damage to your own insurers who would be in a position to make a full claim against FLYNN's insurers and let them follow things through (to your complete satisfaction of course)?

Pssst

You need to talk to the organ grinder,not the monkey..if you'll pardon the expression. Do not deal with Flynns. They are the contractors. Deal with National Grid Gas. You need to be fair. Accidents do happen during such extensive and invasive work but dont use it as an excuse to have work done that is not neccesary or has nothing to do with the initial damage. You need the wall repairing..not rebuilding! fairs fair.