Builder not paying suppliers for materials

mac2112

Hi,
we have had a extension built. We have a contract with a builder. The windows have gone in which he ordered on his account. He hasn’t paid the supplier. I have a fix payment schedule with the builder. 

Can the window supplier chase me for the money or is the liability on the builder? 

The builder has gone missing and not complete the work. 

He has made contact with the window company and lied saying I would pay direct. I did not agree to this. I note that there is also a difference in the invoice cost which the window company is trying to push on me against the amount in the fix stage payment agreement I have with builder. 

Who is liable? Will I be took to court of the builder by the window company? 

Davesnave

If the windows were ordered by your builder on his own account, then what he did with them is his responsibility. The fact that he chose to put them into your property doesn't make you liable to settle it.

The windows are made to fit your house and won't be of any great value to the window company now. They probably won't be coming to get them back.

Doozergirl

Davesnave said:

If the windows were ordered by your builder on his own account, then what he did with them is his responsibility. The fact that he chose to put them into your property doesn't make you liable to settle it.

The windows are made to fit your house and won't be of any great value to the window company now. They probably won't be coming to get them back.

This.  It is his contract with them and his alone. 

Grumpy_chap

mac2112 said:

He has made contact with the window company and lied saying I would pay direct. I did not agree to this. I note that there is also a difference in the invoice cost which the window company is trying to push on me against the amount in the fix stage payment agreement I have with builder. 

There is likely no clear link between the material cost to supply the windows (to the builder) and the stage payments between the builder and yourself.

robatwork

Simple contract law. You say you have a contract with the builder. Hopefully it states "windows" in there in some detail.

Of course the supplier could sue you - almost anyone can sue almost anyone else for almost anything - but you have a rock solid defence with that bit of paper, as no contract exists between yourself and the supplier. 

You need to think about suing the builder depending on how much you have paid him and what work he hasn't done.

macman

They can and probably will chase you, as you are their only hope of recompense. But they have no hope in law of getting you to pay for his fraud.

mac2112

Grumpy_chap said:

mac2112 said:

He has made contact with the window company and lied saying I would pay direct. I did not agree to this. I note that there is also a difference in the invoice cost which the window company is trying to push on me against the amount in the fix stage payment agreement I have with builder. 

There is likely no clear link between the material cost to supply the windows (to the builder) and the stage payments between the builder and yourself.

Yes it clearly states one of the stages will supply and fit of windows by the builder.