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  • FIRST POST
    • stoneman
    • By stoneman 5th Aug 18, 5:13 PM
    • 4,236Posts
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    stoneman
    MCOL against company or project manager
    • #1
    • 5th Aug 18, 5:13 PM
    MCOL against company or project manager 5th Aug 18 at 5:13 PM
    I have just finished a contract tiling a new bar in Nottingham. I was approached by a project manager, lets call him Mr. Z, to do the work, costs for my labour and payment schedules were agreed with him. All my dealing were with him, all instructions on what to do, when to do it, how to do it. I even went to the tile shop and picked up materials on his proforma account.

    It then came to my attention that Mr. Z is also a partner with 2 other people in setting up this bar, a Mr. X and a well known former world champion boxer from Nottingham, Mr. Y.

    When the first stage payment was to be made he said all invoices should be addressed to a Limited company of one of the partners. This company was set up to finance the project and there is only one director, Mr. X.

    Fast forward, the job is complete, invoice sent, the bar open and hey presto my texts, emails and phone calls are being ignored. I have reason to believe that most of the other trades have had this treatment and there seems little or no chance of me being paid without pressure.

    So I am about to commence a MCOL, my question is do I claim against the name of the limited company, the director of the company or the project manager?
    Last edited by stoneman; 05-08-2018 at 5:24 PM.
    The common law of business balance prohibits paying a little and getting a lot. If you deal with the lowest bidder, it is well to add something for the risk you run, and if you do that you will have enough to pay for something better.
Page 1
    • Pennywise
    • By Pennywise 5th Aug 18, 7:45 PM
    • 10,410 Posts
    • 19,410 Thanks
    Pennywise
    • #2
    • 5th Aug 18, 7:45 PM
    • #2
    • 5th Aug 18, 7:45 PM
    So I am about to commence a MCOL, my question is do I claim against the name of the limited company, the director of the company or the project manager?
    Originally posted by stoneman
    You claim against whoever the contract was between. If the contract simply named the PM personally (no one else and not the ltd co) and the PM signed it, then your invoices should have been raised to PM personally and the legal claim is against him personally. If he signed it "for and on behalf of" X limited, then your invoices are against X limited as will be the legal claim. Nothing else matters, it's the contract signed between you that is the only document that matters.
    • stoneman
    • By stoneman 5th Aug 18, 10:07 PM
    • 4,236 Posts
    • 3,172 Thanks
    stoneman
    • #3
    • 5th Aug 18, 10:07 PM
    • #3
    • 5th Aug 18, 10:07 PM
    You claim against whoever the contract was between. If the contract simply named the PM personally (no one else and not the ltd co) and the PM signed it, then your invoices should have been raised to PM personally and the legal claim is against him personally. If he signed it "for and on behalf of" X limited, then your invoices are against X limited as will be the legal claim. Nothing else matters, it's the contract signed between you that is the only document that matters.
    Originally posted by Pennywise
    The contract was text messages between the PM and myself where all details of pricing and agreement of my terms outlined. It was only when I texted him to ask for my first stage payment and whom to put on the invoice that he said "invoice to be addressed to" the name of the Ltd. company. The only payment I got was from the LTD company into my bank.
    Last edited by stoneman; 05-08-2018 at 10:10 PM.
    The common law of business balance prohibits paying a little and getting a lot. If you deal with the lowest bidder, it is well to add something for the risk you run, and if you do that you will have enough to pay for something better.
    • Bananas123
    • By Bananas123 5th Aug 18, 10:45 PM
    • 300 Posts
    • 128 Thanks
    Bananas123
    • #4
    • 5th Aug 18, 10:45 PM
    • #4
    • 5th Aug 18, 10:45 PM
    you should march right up to [carl froch] and tell him "gimme my money OR i'm gonna punch you in the face".


    (your problems are/start/finish with mr. Z as he contracted you to do work / didn't pay - you don't need to worry about how he goes about his buisness... just getting your agreed money from him).
    • martindow
    • By martindow 6th Aug 18, 11:15 AM
    • 7,681 Posts
    • 4,387 Thanks
    martindow
    • #5
    • 6th Aug 18, 11:15 AM
    • #5
    • 6th Aug 18, 11:15 AM
    The only payment I got was from the LTD company into my bank.
    Originally posted by stoneman
    Wouldn't this imply that they were using Mr Z as their representative and that the claim should be against the company?
    • stoneman
    • By stoneman 6th Aug 18, 8:13 PM
    • 4,236 Posts
    • 3,172 Thanks
    stoneman
    • #6
    • 6th Aug 18, 8:13 PM
    • #6
    • 6th Aug 18, 8:13 PM
    Thanks everyone, all sorted. I posted the names of Mr. X and Z on Mr. Y's facebook page and that got their attention.

    Phone call 7:30am this morning telling me to delete the post and the money would be paid into my bank.

    Isn't social media the bomb.
    The common law of business balance prohibits paying a little and getting a lot. If you deal with the lowest bidder, it is well to add something for the risk you run, and if you do that you will have enough to pay for something better.
    • Aquamania
    • By Aquamania 8th Aug 18, 7:43 AM
    • 1,979 Posts
    • 798 Thanks
    Aquamania
    • #7
    • 8th Aug 18, 7:43 AM
    • #7
    • 8th Aug 18, 7:43 AM
    The contract was text messages between the PM and myself where all details of pricing and agreement of my terms outlined. It was only when I texted him to ask for my first stage payment and whom to put on the invoice that he said "invoice to be addressed to" the name of the Ltd. company. The only payment I got was from the LTD company into my bank.
    Originally posted by stoneman
    So it presumably details the parties to the agreement
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