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emplyment laws regarding subbies in building industry-help with letter now

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Old Feb 25, 2009 | 09:05 PM
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From: cleveland rsoc
Default emplyment laws regarding subbies in building industry-help with letter now

basicly to keep it brief ,



im a self employed window fitter/curtain waller by trade , the company i was working for before christmas have just sent me a bill for £193 quid ,

came through some savvy law firm ,

basically there stating that on the job i was on before christmas , wilst we were crane'ing a peice of glass into the frame a gust of wint caught it , blew out of mine and a fellow workers hand ( was fooking screaming at the crane driver to boom closer to me but he wasnt paying attention ,

anyway there saying im at fault and are trying to stick me for the units replacement ,

1,i dont think it was my fault , think its pretty shitty ,

2 , being a subcontractor , not signed to a contract can they legally blame and bill me for the damge to the unit ??

i had signed no contract , was simply subbie to the firm , had not taken on the job under a price or anything to say i personally cover any damage ect ?

was tempted to ring them a throw a few fucks into them , but id rather play this smart folks,



ohh and on a side note , it seems like every lad who has worked for him gets soem kind of bill like this when they leave or deducted from there last wage ,

wont get it from me im skint ,


anyone ?


beef

Last edited by -beefy-; Feb 26, 2009 at 12:33 PM.
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Old Feb 25, 2009 | 09:10 PM
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shit news mate, had simular things a few times, last company started trying to hold back money so i collected my tools and left before it got worse, then they went bust owing me £1300, one way round it now i think, be prepared to give them a clump or they'll walk all over you, i learnt the hard way
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Old Feb 25, 2009 | 09:11 PM
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I would tell them to go get f**ked, if you havent signed up to any T&Cs or signed up to a contract then i cant see how they have a leg to stand on to be honest
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Old Feb 25, 2009 | 09:16 PM
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They aint got a chance , they will have suitable subcontractor insurance.They are taking the piss over a couple of hundred quid , there law firm will cost more to pay .
Tell em to blame the crane driver , or prove it was your fault!!
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Old Feb 25, 2009 | 09:17 PM
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Originally Posted by righthooker
They aint got a chance , they will have suitable subcontractor insurance.They are taking the piss over a couple of hundred quid , there law firm will cost more to pay .
Tell em to blame the crane driver , or prove it was your fault!!
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Old Feb 25, 2009 | 09:26 PM
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You need to reply asking for them to furnish you with better and further particulars of the claim, in your response state that you expect all and any proceedings to be put on hold until it has been acertained that you are at fault. Do this NOW.... In your letter explain that it was the crane driver at fault.
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Old Feb 25, 2009 | 09:28 PM
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Originally Posted by righthooker
They aint got a chance , they will have suitable subcontractor insurance.They are taking the piss over a couple of hundred quid , there law firm will cost more to pay .
Tell em to blame the crane driver , or prove it was your fault!!
They WILL have insurance but the excess fee will be much higher than this sum so the insurance is a pointless arguement and a simple letter like this will cost £30 at the most to frighten someone into coughing up.
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Old Feb 25, 2009 | 09:36 PM
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Originally Posted by Shings
They WILL have insurance but the excess fee will be much higher than this sum so the insurance is a pointless arguement and a simple letter like this will cost £30 at the most to frighten someone into coughing up.

im thinking thats whats hes all all about , gets some hoty toty mate of his to draught up a letter to put the shits up everyone who fucks him off ,

will have to write him a letter me thinks ,

beef
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Old Feb 25, 2009 | 09:38 PM
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Originally Posted by Shings
You need to reply asking for them to furnish you with better and further particulars of the claim, in your response state that you expect all and any proceedings to be put on hold until it has been acertained that you are at fault. Do this NOW.... In your letter explain that it was the crane driver at fault.

any ideas on what to put in , how to word this letter mate ,

i dont want to mention the crane incident in the letter ,

im assuming this is what hes blaming me for as its the only prob we had in the whole time there ,


beef
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Old Feb 25, 2009 | 09:40 PM
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Why was a crane driver lifting a glass panel in the wind?
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Old Feb 25, 2009 | 09:40 PM
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as said above beef,thats what you have insurance for,they aint got a chance.
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Old Feb 25, 2009 | 09:46 PM
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I am a Construction Surveyor and project manager, I would be very inclined to mention the clear lack of health and safety on site with the crane driver not taking any notice and there should of been a banksmen present for starters!

As regards his claim, he doesnt have a leg to stand on. If you are employed to fit the windows i.e. do the spanner work, he being the main contractor is responsible for getting it there in a safe manner and ultimately making sure you are doing it safely.

Had you been asked to read and sign a method statement before you started the works and if so did you abide by it to the letter? If not then he has failed in his duties if so and you have done as you are told/signed to its his fault.

On the other hand tell him to go fuck himself! How the hell is he going to get the money out of you? Take you to court?? LMFAO!
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Old Feb 25, 2009 | 09:50 PM
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From: cleveland rsoc
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Originally Posted by Lee Reynolds
Why was a crane driver lifting a glass panel in the wind?

lee it a was a tele handler with a jib extension , we were in a scissor lift ,bout 15 ft up , the tele was booming the glass up and over us into the frame ( like in a T shape position ) wind wasnt high but was gusting ,

we were steadying the unit as it was boomed into position , but the handler was jibbing up and out at the same ratio ,

so the unit was pulled from out hands , im leaning over the barrier at full stretch fucking shouting at the bloke , wasnt prepared to go over for it , so had no choice but to let go , it swung bk into the boom and blew,


and im getting the fucking blame
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Old Feb 25, 2009 | 09:56 PM
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Originally Posted by RAT8OY
I am a Construction Surveyor and project manager, I would be very inclined to mention the clear lack of health and safety on site with the crane driver not taking any notice and there should of been a banksmen present for starters!

As regards his claim, he doesnt have a leg to stand on. If you are employed to fit the windows i.e. do the spanner work, he being the main contractor is responsible for getting it there in a safe manner and ultimately making sure you are doing it safely.

Had you been asked to read and sign a method statement before you started the works and if so did you abide by it to the letter? If not then he has failed in his duties if so and you have done as you are told/signed to its his fault

On the other hand tell him to go fuck himself! How the hell is he going to get the money out of you? Take you to court?? LMFAO!

yeah we signed the methond statement fella , and i take pride in doing my job as safely as possible and too the letter ,

been doing it nearly ten year

but as you'll have a fair idea being in the industry thats not always the case with deadlines ect , always have people pushing you to get it done ect , i wasnt the chargehand , wasnt even the most experienced man on that particular job , was like bloody 8 of us pmsl


but even with the method statement signed surely im not chargeable for the glass ?

beef
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Old Feb 25, 2009 | 10:12 PM
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No mate not at all!

I have never heard of this before, he is just trying it on. If you were cutting corners and not doing it as you were told he does technically have a case under negligence but how the hell is he going to prove it? Seriously just forget about it and I dare say you wont hear about it again! The cheeky cunt! He isnt going to take you to court for that amount now is he?
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Old Feb 25, 2009 | 11:37 PM
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Originally Posted by RAT8OY
No mate not at all!

I have never heard of this before, he is just trying it on. If you were cutting corners and not doing it as you were told he does technically have a case under negligence but how the hell is he going to prove it? Seriously just forget about it and I dare say you wont hear about it again! The cheeky cunt! He isnt going to take you to court for that amount now is he?

assuming i havent credited the companys bank account by monday they plan to


well thats what the letter says lol

beef
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Old Feb 26, 2009 | 07:40 AM
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tell him to get fucked, no way that will stand up, as said, sounds like health and safety wasnt being followed, for one, if your shouting at the telehandler then your too far away and should be on the radio!

im a QS for a ceiling and drylining company, and that is bollox really!
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Old Feb 26, 2009 | 09:30 AM
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They need to give you notice before they send you the Bill, by law they must give you the oppurtunity to correct the defective work before they can charge you for it. On the other hand you should be asking for proof that you are responsible for the damage i.e record photographs etc.

You can fight this pretty easily and I would be very suprised if they take it any further once you explain to them that you want to see proof.

I get it everyday at work but I'm usually fighting the other corner. HTH
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Old Feb 26, 2009 | 12:29 PM
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From: cleveland rsoc
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ok folks im drawing a blank as how to word this letter ,

i want it to sound savvy and put the wind up him , lilke i know what im talking about ,

basically im just looking for it to say that i request all the relavant proof and information about the said accused damage caused by me, inc dated pics, ect ,and that all court procedings to stop untill that matter is proven ect blah blah

anyone able and willing to draught me up a basic letter that i can fill my info into ,

few beers in it for ya and a i owe you chalked up with me .....

beef

Last edited by -beefy-; Feb 26, 2009 at 12:31 PM.
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Old Feb 26, 2009 | 01:40 PM
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Fuck him just ignore it. He'll lose more money paying some legal boffin to chase it anyway! If the crane operator was a subby/hire also then its up to the main contractor to ensure a banksman was there.

Essentially the crane driver should have stopped the crane due to high winds.

Accidents happen thats what insurance is for.

PM me the name of the contractor as I'm in a similar game and would like to know who it was.
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Old Feb 26, 2009 | 01:51 PM
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Originally Posted by liammcl
Fuck him just ignore it. He'll lose more money paying some legal boffin to chase it anyway! If the crane operator was a subby/hire also then its up to the main contractor to ensure a banksman was there.

Essentially the crane driver should have stopped the crane due to high winds.

Accidents happen thats what insurance is for.

PM me the name of the contractor as I'm in a similar game and would like to know who it was.

you a curtain waller fella ?

drop me a pm

beef
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Old Feb 26, 2009 | 05:17 PM
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bttt anyone ???

beef
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