Seriously Dislike this guy....

Discussion in 'Commercial Law Forum' started by Mitchell White, 30 September 2018.

  1. Mitchell White

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    Here's the deal

    Worked for a guy for 5-6 years as employee he ended up going bankrupt or something never paid us wages owed ended up getting from government

    Got back in touch was out of work and started working for him again
    lasted a year or so then he offered me to be his subcontractor i get my own employees etc he will organise jobs and material to be at job

    Sent me a contract stating any jobs not completed would be at my cost etc etc i never signed it as was first time in business really nervous

    We worked together for maybe 2 years alot of ups and downs i have seen him personally ruin multiple relationships with people, clients, installers anyone he comes in contact with seem to not like him

    but i stuck around as wanted to make it work had good potential for money

    Few big jobs came up which i mentioned i am not confident in doing dont have enough people
    sometimes weather wasnt right whatever

    but he pushed and pushed me to get jobs done so i did, a few came back no good need fixing

    recently i have walked off as he is impossible to deal with always his way no matter what

    Now he wants to take me to court and charge me for all these fix ups

    Also was one job he owes me around 30k which came back no good but he said multiple times supplier gave us bad materials and he was getting money off them when i mentioned it to him he said it is my fault now

    What is my position here do i have any merit? i will rather go bankrupt before i pay this guy dont like him that much

    Thankyou for reading/response
     
  2. Rod

    Rod Well-Known Member
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    If he takes you to court you counterclaim for the $30K you are owed.

    You may consider taking him to court for the money he owes anyway. Be prepared for his counterclaim if you do so.
     
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  3. Mitchell White

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    He hasn't been paid for that job as it is ripping up,
    he will say it is my fault for not putting enough glue in but I have proof he said bad materials
    my opinion is it is a mix of the two
    Also, a hot day which I told him shouldn't be laying in but he insists I do which has done on many jobs
    And the jobs he wants money back on i told him there to large for me and my crew but again pushes me to do them will that stand up in court ?
     
  4. Rod

    Rod Well-Known Member
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    Probably not.

    You are supposed to be the expert and do things properly. If the material (glue) is not to be used above a certain temperature, then don't do it. Weather conditions can't be controlled, but you can elect when the job is done and should resist this person's bullying.

    If you can prove the material is defect you have a chance of passing responsibility to the suppliers, but you need real evidence. Knowing it is different to evidence.

    The other way to manage this situation is to get a waiver in writing from him so he takes responsibility for any defects caused by his instructions.

    You need to stop being his patsy or this just continues and continues and continues.
     
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