Who do I sue?

Yellabowley

Good afternoon all,

Back in March/April last year I had a patio put down. I’d done some shopping around and found a company who came out and quoted me a competitive (not ridiculously cheap) price. I researched them and knew some ‘friends of friends’ who had had work done and were happy with it. Also saw lots of examples of work online and it all looked good.

The lads turned up to do the work along with the guy who had quoted me. I did notice that the labourer’s van had a different company on the side but didn’t think much more of it and they started the work. Half way through the first day I realised the guy who had quoted me wasn’t on site. It transpired that he had sub contracted the job to some lads he claims he used regularly, but he assured me they were more than qualified to lay a patio. It’s not the most complex job after all, but it was using porcelain tiles which are a bit more difficult than standard.

The job went off pretty much without a hitch. We used the patio all year and were over the moon with it. However with the recent cold snap we noticed that the tiles on the edge were moving. Moisture getting underneath from the edges of the lawn and freezing was my thinking. I contacted the first guy and he said it was an easy fix and they’d come to sort it in a few weeks. A couple of weeks later, with continued sub zero temperatures, and a large proportion of the slabs were now moving. I recontacted the guy to inform him that it was getting worse and he didn’t reply. A week later I messaged him again to see if he’d got my message, again no reply. I then contacted a good friend who knows the lad and is quite close to his family. He said he’d tried to contact him but the mobile number he had was no longer in service. He’s still trying to contact him through family but isn’t having much luck.

I’m now at the point where it’s looking like I’m going to have to take legal action. The issue is firstly how much longer do I give him to reply? 18th Jan was when I told him about the edge slabs. Then I recontacted him on 17th Feb about the rest. Then secondly who do I sue? The original company or the lads who he subcontracted the work to? Also if I am to sue do I need to repair the work first and sue for the total amount or will getting quotes suffice? Finding the money to pay someone for the repair will be difficult but not impossible so I could do either.

Thanks in advance for your help.

Aylesbury_Duck

Standard practice is to send a letter before action asking for a proposed resolution within 14 days.  You sue the company with which you have the contract.  Did you pay the company who provided the quote and then subbed out the work?

unholyangel

It's the company you entered into the contract with rather than who you paid. Rights (such as the right to be paid) can be assigned to a third party but obligations (to perform the contract) cannot. 

The exception would be where they made you aware they were acting as an agent for the other party. 

Yellabowley

Thanks guys. I agreed the price and work to be carried out with the guy who gave us the quote. On the last day of the work I asked the lads (subcontractors) whether I should send the money to the original guy or give it to them. They said that they would take it, so I passed it to them.

The_Fat_Controller

I hope you have a written contract with the "original guy" and a receipt from whoever you paid.

Aylesbury_Duck

Yellabowley said:

Thanks guys. I agreed the price and work to be carried out with the guy who gave us the quote. On the last day of the work I asked the lads (subcontractors) whether I should send the money to the original guy or give it to them. They said that they would take it, so I passed it to them.

That's potentially messy.  As The Fat Controller asks, what paperwork do you have with either of them?  I think your contract is with 'original guy', so it is him to whom you'd send the letter.   

MattMattMattUK

Yellabowley said:

Thanks guys. I agreed the price and work to be carried out with the guy who gave us the quote. On the last day of the work I asked the lads (subcontractors) whether I should send the money to the original guy or give it to them. They said that they would take it, so I passed it to them.

When you say you passed it to them, did you pay them cash? Also did you receive an invoice, was the quote a written quote and did it include VAT?

Yellabowley

The quote was received by email (which I have saved) and I paid cash. I also have all of the conversations saved, in which we discuss the fact that the payment was made. It turned out there was an extra bag of gravel required and so the owner of the company who quoted me confirmed receipt of the money but asked me to transfer him another £40 to cover the additional materials which I did.

Aylesbury_Duck

Good.  Write to him with a threat to take him to court unless he agrees a resolution.