Suppliers/contractors

[derek kelly]

A few weeks back we had the back garden paved & a new lawn laid, we paid up front for the materials etc, work completed to a good standard.
Just had a guy knock on the door saying he’s the supplier & he’s not been paid for the materials & legally he can remove the flags etc, I spoke to the guy reasonably but Bev came all guns blazing telling him he can’t remove anything as we’ve paid for it all this did was get the guy’s back up.
Basically what are our rights with this, does the supplier have a claim or is it a matter between him & the contractor?

 

[Malone]

tell him to jog on. What’s next? Local farm claiming he wasn’t paid for the eggs you bought from Tesco?

 

[johnboy]

A few weeks back we had the back garden paved & a new lawn laid, we paid up front for the materials etc, work completed to a good standard.
Just had a guy knock on the door saying he’s the supplier & he’s not been paid for the materials & legally he can remove the flags etc, I spoke to the guy reasonably but Bev came all guns blazing telling him he can’t remove anything as we’ve paid for it all this did was get the guy’s back up.
Basically what are our rights with this, does the supplier have a claim or is it a matter between him & the contractor?

Smells like a scam to me, get double payment. If I bought slabs from Joe blogs and laid them at your place how would Joe know where I laid them?

 

[Duck n Dive]

I'd suggest it's a non runner from the suppliers side.

He might have a condition in his terms and conditions of sale with the builder/landscaper saying the goods remain his until paid for.

But, I'm betting you don't have a written contract? In which case that term/condition can't be passed onto you by the builder /landscaper.

It may well be he's trying to get his money by pressuring you to moan at your chap.

Has the turf supplier turned up yet?

If it were me I'd certainly contact your chap and tell him what's happened and your not happy.
How did you find out/contact your chap - word of mouth /advert?

 

[Oldandbald]

Quote this bit of Latin to him and then tell him to do one.

Quicquid plantatur solo, solo cedit - Wikipedia

en.wikipedia.org

 

[derek kelly]

Smells like a scam to me, get double payment. If I bought slabs from Joe blogs and laid them at your place how would Joe know where I laid them?

Because they were delivered to my address.

 

[derek kelly]

I'd suggest it's a non runner from the suppliers side.

He might have a condition in his terms and conditions of sale with the builder/landscaper saying the goods remain his until paid for.

But, I'm betting you don't have a written contract? In which case that term/condition can't be passed onto you by the builder /landscaper.

It may well be he's trying to get his money by pressuring you to moan at your chap.

Has the turf supplier turned up yet?

If it were me I'd certainly contact your chap and tell him what's happened and your not happy.
How did you find out/contact your chap - word of mouth /advert?

The guy advertised on a local facebook page & had loads of recommendations, he lives literally round the corner, the supplier wasn’t really after reclaiming the goods he was after the guy’s phone number, we gave him his address.
There is something not quite right though as the supplier would have obtained a billing address & I doubt they would deliver without prior payment or the contractor having an account with them.

 

[Duck n Dive]

Sounds more like a train of dodgy dealing to me then.

As you say, a legitimate supplier wouldn't release the goods without payment /account - think how Wickes or Dewson would handle it.

On the other hand doing a deal with some bloke in the pub who works in a yard and sells stuff on the side using his staff discount out the back door......... now he would have a problem if he's not been paid!


Allegedly!

 

[andyBeaker]

A few weeks back we had the back garden paved & a new lawn laid, we paid up front for the materials etc, work completed to a good standard.
Just had a guy knock on the door saying he’s the supplier & he’s not been paid for the materials & legally he can remove the flags etc, I spoke to the guy reasonably but Bev came all guns blazing telling him he can’t remove anything as we’ve paid for it all this did was get the guy’s back up.
Basically what are our rights with this, does the supplier have a claim or is it a matter between him & the contractor?

The law is that nobody can obtain a better title to anything than the person that ‘sold’ whatever it is to them.

So if something is stolen/not paid for you cannot buy it and get a good title.

Same as if you buy a car with finance outstanding.

I would suggest the supplier is technically within their rights if they have not been paid.

Hard to imagine them doing anything about it.

Personally I would get on to the person that did the work and see what they have to say.

 

[Squag1]

But NEVER pay up front.
Had the same on a job, small extension, window guy came looking as he hadn't been paid. He wanted me to pay him directly.
Couldn't do that. Contract was with builder.

 

[Duck n Dive]

It's quite complicated and can depend on the relationship between the sellers of the goods and you as the end buyer.

If the goods turn out to be stolen.. .

But also:

"Where a person agrees to purchase goods, takes possession of them with the consent of the seller and goes on to re-sell them before the original sale has been completed, the end purchaser gains good title if he had no knowledge of the original agreement"

That might well apply in your case.

 

[andyBeaker]

It's quite complicated and can depend on the relationship between the sellers of the goods and you as the end buyer.

If the goods turn out to be stolen.. .

But also:

"Where a person agrees to purchase goods, takes possession of them with the consent of the seller and goes on to re-sell them before the original sale has been completed, the end purchaser gains good title if he had no knowledge of the original agreement"

That might well apply in your case.

It is complicated….when goods are sold ‘on credit’ the T&Cs would normally include a ‘Romalpa’ clause.

Don’t ask!!

In Derek’s case two things strike me;

- the goods are probably of no use to the supplier if they have already been laid
- to retrieve the goods the supplier would need to commit trespass (a civil offence)

Hopefully it’s just a cock up that is easily resolved.

 

[Oldandbald]

It is complicated….when goods are sold ‘on credit’ the T&Cs would normally include a ‘Romalpa’ clause.

Don’t ask!!

In Derek’s case two things strike me;

- the goods are probably of no use to the supplier if they have already been laid
- to retrieve the goods the supplier would need to commit trespass (a civil offence)

Hopefully it’s just a cock up that is easily resolved.

What is a "Romalpa" clause?

 

[andyBeaker]

What is a "Romalpa" clause?

I said ‘don’t ask’!
Something that bankers understand!!

 

[derek kelly]

What is a "Romalpa" clause?

No relation to Santa.
A Romalpa clause is used by a seller of goods who does not wish to transfer ownership thereof to the buyer until the latter has paid for those goods or, very often, for all of the goods that have been delivered to the buyer.

 

[johnboy]

I can't beleive no one has asked already......

 

[Duck n Dive]

Sounds a bit like the deal with garages.

They retain a lien on the vehicle until they've been paid for the work.
You can't have your car back until they've got their money.
Any parts/items (oil/filters etc) remain the property of the garage until they've got their money.
As the parts are now on/in the car they keep it until paid.

 

[andyBeaker]

I can't beleive no one has asked already......

I’m going for the 1960s pink and yellow Battenberg effect.

 

[Duck n Dive]

I’m going for the 1960s pink and yellow Battenberg effect.

And what's wrong with that, or crazy paving

Don't forget Yorkshire may not have reached the 1960s yet

 

[derek kelly]

I’m going for the 1960s pink and yellow Battenberg effect

Sorry to disappoint, we left that behind when we sold the Smallholding.