Subcontractor: Is the main contractor not paying you?
You have done the work & now you're not being paid. Your next step could be crucial.
I personally have a great deal of experience in resolving disputes and payment related problems for individuals and companies within the construction industry. It is more than probable that I’ll be able to help you get paid by the Contractor or Quantity Surveyor as quickly as possible.
The Contractor is failing to pay you
There are numerous situations that arise between Subcontractors and Contractors, many of them at some point involve payments. Getting the right advice is essential.
- Your variations are not being valued correctly
- Set off and contra charges are being made
- Payment is delayed
- The Contractor or Surveyor are not paying up
- If you can you suspend work?
- If you should you walk off site?
- Are mediation or arbitration practical options?
- Is taking Court action avoidable?
The advantages of first speaking to a barrister
In order to fix these kinds of issues successfully, the right advice is called for from a professional barrister who has a deep understanding and experience with contractual & construction law disagreements.
This will save you time and money in the long run.
Rather than following the long winded and standard process of going through a solicitor to be referred on to a barrister, you can now contact some barristers direct yourself.
By doing this you will have the support that you need almost immediately. Avoiding unnecessary delays, you will also stay clear of the extra cost that is incurred when being referred by a solicitor.
Solutions to late & non payments to Subcontractors
Wouldn’t life be much easier if you did the work, put in your invoice and then received your money in full and on time!
However, the truth is as a Subcontractor you will see that your work is not being valued correctly by the Quantity Surveyor and that certain people are failing to pay you.
There are positive steps that you can take to make it more likely that you’ll be paid the right amount on time.
What late payment means to the Subcontractor
It is vital for you as a Subcontractor to ensure that you get paid on time. It is certainly your right and it means a number of direct benefits to you:
- Cash-flow improves
- Lowers your overdraft requirements
- Prompt payment to your own suppliers = better discounts
Not only this, but as a Subcontractor better cash flow can mean the distinction between insolvency and prosperity!
Question: Can Subcontractors suspend work?
Suspending performance of your work is a highly effective motivator which can encourage the Contractor to put you at the head of the list of who gets paid first. If done correctly, holding back your work can be your best option to avoid delayed payments.
Remember that the contractors often have their backs against the wall with deadlines looming.
When cash flow on a construction project is tight, often it is the sub-contractor who is threatening to suspend work and pull off the job that is the one to get paid!
In doing this you need to be cautious, and we always advise that you take our legal advice before suspending your work.
Other Payment problems
Right now you could be faced with any number of other issues relating to non payment, such as Set Off and Contra Charges plus Pay When Paid clauses.
There are actions you can take to resolve the situation if the Contractor is making a set off from your account or is subtracting contra charges.
Primarily you should react and take action fast, since the scenario is not going to be getting better of its own accord.
Get the right legal assistance faster
My best tip to you is that you respond to this situation now. As an experienced barrister I will be mindful of your problems and the urgency that you would like to apply to this case. I will certainly study the details of your case, the arguments and any written contract. I will then make the very best recommendations on exactly how you ought to proceed towards obtaining the payments that you are due.
This way you will have the help that you require virtually immediately.
A full guide covering different resoultion methods that relate to this can be found here: Building & Construction & Engineering Disputes Guide
You can find more general information on Construction law on the Wikipedia Construction Law page
How To Contact Me
If you are facing a dispute and would like professional advice you can call me on 01962 690061 or use the contact form below. I am a highly experienced barrister and I will give you the guidance that you need straight away