Enforcing another's contractor's contract
Discussion
A friend's neighbour had a big extension and garden landscaping project done, and apparently it was written into the contract that they would reinstate my friend's garden and path after wrecking it due to being granted access and permission to work from her garden.
The workers have long gone, garden and path is a right state and the neighbours have no interest in getting the contractor to clean things up, and are getting borderline aggressive with my friend when she brings it up.
What action can she take to get things sorted? She didn't contract with the contractor but is possibly mentioned as an interested party in it, I'll ask if she ever received any paperwork about it.
Could she make a direct request to the contractor to clean things up as agreed, and if no joy pay someone else to reinstate things and claim the cost back from the original contractor via small claims or similar?
The workers have long gone, garden and path is a right state and the neighbours have no interest in getting the contractor to clean things up, and are getting borderline aggressive with my friend when she brings it up.
What action can she take to get things sorted? She didn't contract with the contractor but is possibly mentioned as an interested party in it, I'll ask if she ever received any paperwork about it.
Could she make a direct request to the contractor to clean things up as agreed, and if no joy pay someone else to reinstate things and claim the cost back from the original contractor via small claims or similar?
ScotHill said:
Anything else before that, given that this would likely f
k the neighbour relationship completely and also likely result in a dispute declarable if she ever wanted to sell?
the contractors contract is with the neighbour, the neighbour is the one who would be sued who would then sue the contractor. That is how it works. The contact enforcer is the neighbour.k the neighbour relationship completely and also likely result in a dispute declarable if she ever wanted to sell?The neighbourly relations are already going south, if the neighbours cared they would sort it out so she either backs off and repairs the damage herself to try and salvage relations but will feel rightly hard done by and later wonder why she bothered.
She could write to them stating what was agreed and what is expected with a timescale, after this she will get it sorted out and send them the bill.
No need to rude but when something is going to cost them it focuses the attention.
She could write to them stating what was agreed and what is expected with a timescale, after this she will get it sorted out and send them the bill.
No need to rude but when something is going to cost them it focuses the attention.
On what basis does she believe that it was written into the contract that they would make good any damage from access?
I presume, since she isn't the client, that she is only going off what the neighbour said and has never actually seen anything in writing from either party, and is taking everything at face value from the neighbour who - from the sounds of it - was prepared to say whatever needed to be said in order to ensure that access would be granted and their extension completed.
It could be that there was never a provision in the contract to make good access areas, etc.
As said above the claim is against the neighbour in any event, not the outfit that did the work, with whom the woman has no contractual relationship.
I presume, since she isn't the client, that she is only going off what the neighbour said and has never actually seen anything in writing from either party, and is taking everything at face value from the neighbour who - from the sounds of it - was prepared to say whatever needed to be said in order to ensure that access would be granted and their extension completed.
It could be that there was never a provision in the contract to make good access areas, etc.
As said above the claim is against the neighbour in any event, not the outfit that did the work, with whom the woman has no contractual relationship.
You presume wrong, they were very friendly in the past and were open about what they wanted to do, and my friend wanted to help them out. She now told me there was a threeway agreement signed by all three parties stating what access they could have and what reinstatement was necessary (I think they also agreed to buy he's a shed for the hassle) so I'm waiting to find out the exact wording of that and what legal standing it has.
ScotHill said:
You presume wrong, they were very friendly in the past and were open about what they wanted to do, and my friend wanted to help them out. She now told me there was a threeway agreement signed by all three parties stating what access they could have and what reinstatement was necessary (I think they also agreed to buy he's a shed for the hassle) so I'm waiting to find out the exact wording of that and what legal standing it has.
Well, that's a good thing, assuming the contract does indeed include provisions for making good, etc.
Okay, it's a Note of Undertaking addressed specifically to my friend from the contractor, and signed by her, the contractor, and the neighbour who had engaged them to build their extension.
The wording says 'to carry out the works as stated below while carrying out the extension for [your neighbour]', and 'The cost of the works stated below will be met by [your neighbour]'.
The list of works below are as follows:
What legal standing does that document have? Could she send a letter to the contractor asking for the works to begin within 30 days else she will arrange for the works herself and claim the costs through small claims court? Or is there another/better followup if they're not forthcoming with the work?
I would likely telephone first but follow up pretty sharpish with the letter.
The wording says 'to carry out the works as stated below while carrying out the extension for [your neighbour]', and 'The cost of the works stated below will be met by [your neighbour]'.
The list of works below are as follows:
- A list of initial temporary works, generally rearranging some of my friend's garden layout to enable access and erection of scaffold.
- Setting out the timings of the access required, e.g. hours per day and for how many weeks.
- A set of tasks to be done on completion of neighbour's work, including laying a patio, driveway paving, filling in with pebbles and removing debris. This is described as 'full reinstatement'.
What legal standing does that document have? Could she send a letter to the contractor asking for the works to begin within 30 days else she will arrange for the works herself and claim the costs through small claims court? Or is there another/better followup if they're not forthcoming with the work?
I would likely telephone first but follow up pretty sharpish with the letter.
ScotHill said:
A friend's neighbour had a big extension and garden landscaping project done, and apparently it was written into the contract that they would reinstate my friend's garden and path after wrecking it due to being granted access and permission to work from her garden.
The workers have long gone, garden and path is a right state and the neighbours have no interest in getting the contractor to clean things up, and are getting borderline aggressive with my friend when she brings it up.
What action can she take to get things sorted? She didn't contract with the contractor but is possibly mentioned as an interested party in it, I'll ask if she ever received any paperwork about it.
Could she make a direct request to the contractor to clean things up as agreed, and if no joy pay someone else to reinstate things and claim the cost back from the original contractor via small claims or similar?
With hindsight the person who granted access to their property should have got something in writing so a direct contract with them. Did they take before vs after pictures as that might help albeit "proving it" after everyone has long gone may be impossible.The workers have long gone, garden and path is a right state and the neighbours have no interest in getting the contractor to clean things up, and are getting borderline aggressive with my friend when she brings it up.
What action can she take to get things sorted? She didn't contract with the contractor but is possibly mentioned as an interested party in it, I'll ask if she ever received any paperwork about it.
Could she make a direct request to the contractor to clean things up as agreed, and if no joy pay someone else to reinstate things and claim the cost back from the original contractor via small claims or similar?
TX.
Edit - the above wording makes no reference to reinstating damage caused etc as far as I can see?
Edited by Terminator X on Monday 13th September 10:54
Yeah the final bullet covers the things she was talking about, it was all the hard areas rather than plants and soil, they had to remove/move a lot of this to get access, and the weight of their truck was anticipated to have damaged the driveway.
We'll probably write to the contractor and consult a solicitor if necessary, but such a Note of Undertaking does seem to form a direct contract with my friend regardless of the costs being covered by the neighbour, which I didn't realise existed when I started the thread.
We'll probably write to the contractor and consult a solicitor if necessary, but such a Note of Undertaking does seem to form a direct contract with my friend regardless of the costs being covered by the neighbour, which I didn't realise existed when I started the thread.
Edited by anonymous-user on Monday 13th September 11:33
The Spruce Goose said:
the contractors contract is with the neighbour, the neighbour is the one who would be sued who would then sue the contractor. That is how it works. The contact enforcer is the neighbour.
Interesting. Do you have any insight on The Contracts (Rights of Third Parties) Act 1999? ScotHill said:
What legal standing does that document have? Could she send a letter to the contractor asking for the works to begin within 30 days else she will arrange for the works herself and claim the costs through small claims court? Or is there another/better followup if they're not forthcoming with the work?
It's legally binding document. Her sending that letter sounds like a good plan to meagtlaw said:
The Spruce Goose said:
the contractors contract is with the neighbour, the neighbour is the one who would be sued who would then sue the contractor. That is how it works. The contact enforcer is the neighbour.
Interesting. Do you have any insight on The Contracts (Rights of Third Parties) Act 1999? agtlaw said:
Interesting. Do you have any insight on The Contracts (Rights of Third Parties) Act 1999?
In certain circumstances to enforce terms of a contract, so you think, and this before the op added the more information. that this was relevant to the op's question?How many case laws from the act that would be directly relevant to this case, again from initial OP information?
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