Builder's invoice

Duncan1963

We used a local builder to construct a garden office/garage. He used local trades as I expected to do the specialized work such us electrics, plumbing, tiling, roofing etc. These were all people he knew and had worked with before. We were given a fixed price for the building but with variable PC sums for the items that could change based on scope and spec. This was all understood and agreed. We were to receive staged invoices for the the whole project These were not specific to the type of work done just a % of the total amount due. All these invoices were to be issued by the builder. There was never any suggestion that we would be invoiced directly by any of the sub contractors. 
At the end of the project there were numerous things that were sub standard and incomplete, (46 points to be exact) not least basic building regulations were not complied with and we could not get the building signed off.
We ended up coming to an agreement such that we would not pay the last 10% owed and that we would get another building company to complete the outstanding work and rectify all the faults. 

However, it turns out that having made this agreement the builder had told the electrician that I was to pay the invoice directly to him. He had never paid the electrician for his work.This is not something we had ever discussed or agreed. The amount of this invoice is pretty much the same value as the amount we agreed would not be paid. IN other words he has in my opinion reneged on the agreement.
The Electrician is now chasing me and threatening to go legal on me to collect the value of his invoice.

It it legal for the builder to reassign this invoice to me in light of our contract and the final agreement we made?

eskbanker

Duncan1963 said:

It it legal for the builder to reassign this invoice to me in light of our contract and the final agreement we made?

If there's a written contract, does it have any provision for assignment?  I'd have thought that the existence of a contract between you and the builder, and the lack of same for his nominated subcontractors, puts you in a strong position to distance yourself from any claim by the electrician, unless they have anything substantive to rely on that suggested you'd pay them directly?

Duncan1963

Thank you for your reply. The written contract makes no mention of assignment or me paying anyone directly. The spreadsheet that accompanies the contract lists all the various aspects of the build including the electrics and the PC sum within the scope of his supply. The stage payments we all invoiced by the builder based on a % of the total build cost. 

HillStreetBlues

Also what puts you in a strong position that the builder paid all others direct.

the_lunatic_is_in_my_head

Duncan1963 said:

Thank you for your reply. The written contract makes no mention of assignment or me paying anyone directly. The spreadsheet that accompanies the contract lists all the various aspects of the build including the electrics and the PC sum within the scope of his supply. The stage payments we all invoiced by the builder based on a % of the total build cost. 

Send that spreadsheet to the electrician and tell hm to sue the builder! 

powerful_Rogue

the_lunatic_is_in_my_head said:

Duncan1963 said:

Thank you for your reply. The written contract makes no mention of assignment or me paying anyone directly. The spreadsheet that accompanies the contract lists all the various aspects of the build including the electrics and the PC sum within the scope of his supply. The stage payments we all invoiced by the builder based on a % of the total build cost. 

Send that spreadsheet to the electrician and tell hm to sue the builder! 

Exactly that. Tradespeople ripping off other tradepeople doesn't go down to well and word spreads quickly.