VIC Can I be made to pay for another person to correct a mistake I made?

[lemonslice]

Hello ! Long story short, I made a mistake (that is subjective). I was sacked without being able to rectify the mistake. Another business was engaged to re-do all of my work (approx 18 months worth). I have now been sent the bill for all of the work and told I will be taken to court if I don't pay it. Do I have any options? Thanks for any and all advice - I appreciate it !

 

[Paul Cott]

Hi, generally no you have no legal obligation to pay this if you were an employee as most of, if not all of the legal liability for acts of employees for mistakes rests with the employer.

 

[lemonslice]

Hi Paul, thanks for your reply. I wasnt an employee, i was a contractor.

 

[Paul Cott]

That makes your situation a bit more trickier. So the definitive answer is it depends on the agreement you had to do the work, any contract you had (in writing or verbal) and all the circumstances. It also depends on how they frame the claim, how the bill is worded.

 

[sammy01]

So you got paid to do 18 months of work that you did not do? U'm. You got paid to do stuff that you didn't do. Surely that means you are in the wrong.

 

[Tim W]

First things first.... I'd want to examine if you were a bona fide contractor, or
in fact a sham contractor.

 

[lemonslice]

Sammy01, i did the work for 18 months. The ex-client chose to have it re-done. The error was made in one quarter. Not affecting the whole 18 months.

Timw - genuine contractor.

Thanks for the replies - i appreciate it !

 

[Rod]

I have now been sent the bill for all of the work and told I will be taken to court if I don't pay it.

I agree with Paul, I can't see you being responsible UNLESS there is something in your contract.

It may pay to seek preliminary legal advice to assess your level of risk.

The alternative is to ignore the bill and take action after you get a solicitor's letter/court papers.

 

[lemonslice]

There was no initial contract (one of the things i have learnt from this !) However ex- client always paid my invoices in full, on time.

Ex client is a solicitor, so im sure he will send me papers !

The amount he wants is under $500

 

[Rod]

For that amount I'd wait to see what he does. Not worth engaging a lawyer to fight a $500 claim.

Be careful though that if payment is made, it is a full and final settlement without admission of wrongdoing or liability.