Subcontractor quandary!!

rcj_2

Hello there!
Got a scenario and wondering if anyone could offer some advice...
A subcontractor is contracted to do a job, at the end of which all the work is agreed as satisfactory by both the contractor and the client. Two months later after finishing the job the client notifies the contractor that there is an alteration to be made (a natural material that hasn't behaved as hoped). The contractor contacts the subcontractor, who comes out to look and is absolutely fine and willing to make this correction. The client says they'd like to think about whether they'd like the same material or if they'd like to change it (cosmetic), so the subcontractor says they'll wait to hear from the contractor for confirmation so that they can purchase materials and start the remedial work. Several weeks later the subcontractor hasn't heard from the contractor, so gets in touch. At this point, the contractor informs the subcontractor that the client decided to employ a different company to do the remedial works and has billed the contractor for this work. The contractor is seeking to effectively 'pass on' the bill to the subcontractor and demands a substantial amount of money.
Is the subcontractor legally obliged to pay, given that they were not reasonably given the opportunity to put things right?
Is the client allowed to change their mind and instruct a different company, but then pass the bill back to the contractor?

THANK YOU SO MUCH in advance for any advice on this one, might help a small business going under in these times...
Keep well.

rcj_2

Oh! and I forgot -
the subcontractor did offer (whether they were obliged to or not), in order to resolve the matter in a way that might reach some level of satisfaction for the parties and to be able to move on, for the client/contractor to bill them a realistic amount for the work done by a different company, however the sum demanded by the contractor was extortionate. 

Pennywise

What does the contract say about rectifications etc?

rcj_2

Pennywise said:

What does the contract say about rectifications etc?

The 'contract' basically is made up of approved drawings and a schedule and quote for costs and is agreed by all parties email. So in essence there isn't a formal contract, much of it was verbal, though the emails confirm the specifications of the work to be done, schedule, pricing etc. Big mistake to not have a full contract, my learned friend knows now...
Just to confirm: there was never any discussion at the time of the work commencing of what would happen if there were any rectifications to be made.
When the subcontractor (my learned friend) was informed of rectifications to be made, he immediately went out, agreed to do them and this was agreed by the client and contractor, and waited for the green light which never came...

So without a proper contract and prior discussions about rectifications, are you able to advise on where everyone stands?
Thanks in advance.

Mistral001

There are not enough details about this for anybody to give you an answer, but here are a few general points:
1.  You do have a legally binding contract even though there is not a formal written contract.  
2.  What you do will probably depend what is common for the sector you are in.  For example in the building sector it is quite common for  drawings to be amended by the designer after the drawings have been completed and agreed and that amendment and re-issue of the drawings is often carried out at no extra cost even though there is no agreement to do the extra work without payment.  But it should be only minor amendments.  A full-scale redraw will not be done without charging extra.  In other sectors it could be quite different where any work requiring additional time to be spent will be charged.  

bris

Taking the client as a consumer then when problems arise they need to give the service provider  (the contractor) the first chance to put things right.

You were willing to do this for the contractor but the client went elsewhere anyway so you are not liable and they would not win in court. The contractor who employed you isn't liable either, if he pays it's a goodwill gesture which you do not have to compensate for.