Business etiquette

[Twentyfour7]

Hi All

As a subcontractor we have been supplying services on behalf of the main contractor. The client has been happy with our work but not the services provided by the main contractor. The client has suspended the contract with the main contractor for multiple reasons. We are interested in any opportunities of taking over the contract directly.

In our contract with the main contractor there is nothing that bars us from approaching the client, however we would like to show our interest after what might be considered a fair period.

Any thoughts on what would be a fair time to wait, and how to approach the client please?
Your advice would be greatly appreciated

24/7

[WinkleHoff]

Intereating conundrum.

Do you intend to have any further relationship with the main contractor?

Are they holding any retentions on you?

Are you due a stage payment?

Are you sure that the employer can actually act legitimately as intended? Can they actually go through with this course of action fully and make it stick? In my experience this is very tricky ground. What's the form of contract?

Edited by WinkleHoff on Monday 15th October 19:37

[Twentyfour7]

No we no longer work for the contractor. There is no retention held on us, we are waiting only for payment of last work undertaken. The contract is for a service , sorry cannot expand on this.

[Lemming Train]

Check and double check the wording of the contract from the main contractor very thoroughly. If there is nothing in there about it then you are good to go.

[Twentyfour7]

Hi there Lemming
In double checking is there any particular clause in the contract I should look for please?

[sone]

I’d get out and stay away. In my experience if anyone involved has to refer to contract there are no winners!
I know from experience these contractual matters will take months to resolve and while they’re being resolved the client will have to spend money, on top of the money that the client will resent later spending on getting his job completed. I would also advise not looking for specific clauses unless you are contract specialist. I found this out to my cost some years ago when even a contract specialist evidently didn’t fully understand the workings of a jct intermediate form of contract.

[Europa1]

OP, how much is it potentially worth? If it's anything like serious money, spend a few hundred quid on advice from a specialist solicitor. Their advice is insured.Set their advice in the context of the contractor's position in the market, relationships with other players etc.

[Lemming Train]

Twentyfour7 said:

Hi there Lemming
In double checking is there any particular clause in the contract I should look for please?

Well it should be fairly obvious I'd have thought. You're basically looking for any mention of you pinching their customer or competing direct (and/or variants thereof). If there's nothing in it along those lines then you're good to go.