Subcontractor material damage

[thebuilder5678]

Hi

Looking for some advise for the below scenario...

What possible grounds would a subcontractor (a) have to object against a contra charge claim if they had damaged another subcontractors (b) materials after being verbally instructed to carry out a specific work task by the main contractor.

E.G. The main contractor had instructed a subcontractor (a) to break through a wall that the main contractor believed had no installed services. Upon review following the wall being dismantled there were newly installed, pre commissioned services of another subcontractor (b) which had been damaged. Following this, subcontractor b issued costs to have these services replaced, and the main contractor contra charged subcontractor a to reclaim these monies.

Would the subcontractor (a), who was operating under a verbal instruction be liable to repay all of these costs? FYI, the main contractor is not disputing the verbal instruction, and recognises that work was carried out under this agreement.

[NotAllThere]

We're not that kind of contractor here.

But, not being a lawyer or a builder... it seems to me that subcontractor a would only be liable if there was some kind of negligence involved on the part of subcontractor a.

[Halo Jones]

Well first off what form of contract are you working under, that will tell you where liability lies, also why are you using verbal instructions?
you are now operating on a he said / she said basis under which the contractor will get shafted
the contract has instruction mechanisms- use them

[Halo Jones]

Waiting for a game server to update so re-read this,

So from the view of SC (A) - are the installed services on any drawings / specs that you have been issued - even indirectly?, (as in you were given a drawing to do the tiling but it showed the services on there) can you prove that you would not have been able to know about them?

Can you prove that you did the work exactly how / where you were instructed?

How much is it going to cost you to put right the damage? is it worth the row?

If you want to argue it, I would initially ask the MC under what contract clause / mechanism are they applying the contra? then actually read the clause in the contract to see if they are able to do so.

More than likely the MC is a Subbie basher, use this as a lesson, in future either demand a formal instruction as per the contract or if you must (to keep a relationship) issue a "confirmation of verbal instruction" with as much detail on it prior to commencing the works.

Sometimes a MC will assume they know the contract & just act as they see fit, so check that first.

I assume you do have a contract.....

[SueEllen]

We're not that kind of contractor here.

But, not being a lawyer or a builder... it seems to me that subcontractor a would only be liable if there was some kind of negligence involved on the part of subcontractor a.

You spoke to soon -

And the query is in the wrong part of the forum.

[NotAllThere]

You spoke to soon -

And the query is in the wrong part of the forum.

I did indeed. I've not moved it as Nick hasn't fixed the move bug yet.