Complicated Scenario!

[TheVoice]

Hi Folks,

I have a scenario I'd like to run by some of m'learned friends here at CUK & see what sticks. I've been involved in a project recently which has been a bit of a rescue job & it's all getting complicated - here's the situation.

The primary contractor for the job & his staff left site on 20th Nov 2008 to do another job, never returned until January 2009. To give you an idea of the contractor here, this guy was walking around the client site pi**ed as a newt most of the time & could be found any time of day in the local pub...

Now, as the client involved here is a very good friend of mine, I offered to help out in the absense of primary contractor, on a 'mates who help mates' basis - which is fair enough - however....the primary contractor has now been told by the clientco that, as I have carried out the majority of the work, I must be paid for the work done.

Sounds fair enough really doesn't it?

I am just wondering where I now stand on recovery of monies owed should the primary contractor default...it's not happened yet as the job is ongoing & I have not invoiced yet, but just would like some views from you folks!!

I guess the motto is, never offer to help...but life's not that simple!!

[VectraMan]

So you agreed to do the work for free? Or you agreed to do the work and didn't bother sorting out who was meant to be paying you?

[chris79]

So basically client paid a contractor to do some work. Contractor didn't do the work and instead a friend of client did the work. Friend of client now wants the money from the original contractor...

I think the chances of getting the money are fairly small, if anything surely client should have refused to pay the money on the basis the contract was broken. At very least the contract should have been terminated.. I think a lot will rest on the terms of the original contract.. if you hired him in to do a job and didn't specify terms such as timeframes, absences, finish times, etc.. then I think you could find there is a problem.

Seems like a bit of a mis-managed situation by the client if anything.

[ASB]

I'm not sure whats complicated.

You appear to have no relationship whatsoever with the original primary contractor. You have some realtionship with the end client. I'm sure you negotiated rates payment etc with them at the time.

The end client may have a slightly complicated situation, but they also have an easy whipping boy.

[Turion]

It's very simple. Unless you have a contract to provide services to the primary contractor, he owes you nothing.

Next.

[cojak]

What does your negotiated contract say?

Oh.....

[cojak]

"Never confuse business and friendship" - Cojak.

[Crossroads]

To reiterate what has already been said. Based upon the information supplied, you have no contract with the original contractor and he has no obiligation to pay you.

It sounds like you have been engaged by the original contractors end client. They are also your client, and it is they who need to pay you. What did you agree with them?

[d000hg]

If you previously had a decent relationship with the client, which seems to be the whole reason you helped out, then can't you have a friendly chat with your mate over a pint and sort it out?

It doesn't sound like the original contractor's situation is relevant here, but you haven't made it clear if you originally expected to be paid and simply didn't formalise it.

You might advise your client to see if they can boot him out under the contractor equivalent of "gross misconduct"... contractor contracts do have some standard clause to let the client say "get the hell out", right?

[VectraMan]

Now I read it again, it sounds a lot like your "mate" is trying to screw you by claiming it's not his resposibility to pay you for the work you've done for him.