Contractor/sub-Contractor Obligations

[Arrods]

We're in the process of having a kitchen fitted. It was ordered from a local independent shop. The shop has arranged everything associated with the supply, including the removal of the old kitchen and preparation (plastering), electrical work, tiling and the installation itself. We have had no say in choosing the various sub-contractors but have been asked to pay the sub-contractors direct for their aspects of the job.

I may have some issues to be raised with one of the sub-contractors. I don't particularly want to raise them with the sub-contractor yet. My question is, apart from any moral obligation, does the shop have any legal obligation in respect of the work carried out by the sub-contractor, given the circumstances outlined? Thank you.

[Old_Geezer]

My purely non-expert opinion is that the sub-contractors are the shop's sub-contractors and so they are the ones who should deal with them. No obligation on you. Not even sure why you're paying them directly. I hope you get an expert opinion soon, but meanwhile, maybe read the contract you signed ?

[Arrods]

Thanks Mrs D - I rather suspected it was a ruse. I'll still be letting the shop know about my dissatisfaction with, as described on their website, their 'trusted and reliable tradesmen'.

[Zacs-Master]

What does the paperwork you signed when you placed the order say?

[barmy]

I suggest read the contract you signed with the shop as to their responsibilities regarding sub-contractors. From the little information available it seems the shop has pulled a fast one on you, assuming you wouldn't read the paperwork, and put the responsibility on you regarding the sub-contractors. As it is you paying the sub-contractors raise any issues with them and with hold payment if necessary

[Arrods]

Zacs - the paperwork reflects the first paragraph. I have to say it's not a massive issue. But, going on past experience, they'll probably invite me to provide a testimonial and ask to take pictures for their web site, but I just want them to know why I may be reluctant to do that.

[Zacs-Master]

When you say 'asked to pay', how is this formalised in the paperwork?

[Arrods]

The contract starts off with requiring a deposit once the installation date has been booked "so we can secure the carpenter and other necessary tradespeople". The only reference to paying direct is to the installer - but we don't have an issue with him.

[Arrods]

Zac - I'll have a look at the various exchanges to see how payment to the other tradespeople is phrased.

[Arrods]

Zacs - Just noticed that, apart from the reference to paying the installer direct, the contract states that all other work "will be priced independently by our trustworthy team of tradesmen". We were asked to pay them direct.

As previously suggested, it seems we have no legal means of redress as regards the tradesmen. I shall, however, raise the issues with the shop once the work has been completed, just to guage their reaction.

[Tuvok]

Check with Trading Standards/Citizens Advice - see what they think

[Arrods]

Thanks Tuvok. Trading Standards in particular may be a good bet.

[Arrods]

Apologies Mrs D - I meant to say I have no legal redress with the shop so far as the tradesmen are concerned, which is what you said.

[Ryzen]

Do not pay the electrician until you have a certificate..and check to confirm that the contractor is at least part P registered...unless the electrical work is being signed off by local building control.

[Zacs-Master]

So what, exactly, is the wording relating to payment of the subcontractors (cos, without that, there is no definitive answer)?