small claims option

We currently employed the services of a local electrical/air conditioning contractor to install 2 commercial airconditions systems. We asked him to check and ensure that their was sufficient power to run these before installation. He assured us that there was despite 2 contractors saying the opposite.

The work was completed, and within 3 days the power kept tripping.We ask him to come back and and sort out the problem, which was'nt not done.We held the balance of payment.Then the power went out and blew a fuse box. We called him again and need urgent power supply for our business. He agreed to fix it at an additonal cost of $6k, we had no choice and paid him 3K.The problem was still not corrected. We then brought out 2 other contractors that said that their was insufficient loading for the equipment, and that the contractor should have checked this properly, and would have known this before going ahead with the work. The cost to increase the loading is now an additional 20 K. I would like to know whether or not we have a case against the first contractor to recover the cost of the work carried out and the additional work that needs to be done. We would not have proceed with this contractor if we had have known this in the first case.


We still owe the first contractor aprox. 9k and have paid him in excess fo $20k with another 20K to a new contractor. Does anyone know whether this would be a good case for small claims.


I would appreciate any advice.


many thanks

You have relied on the expertise of the first contractor but he has failed to carry out his obligations under the agreement. He had not properly completed the task undertaken by him and hence he is not entitled to the payment agreed. You can withhold the balance due.


As it is his negligence, in this case I would say gross negligence, which amounts in law to intentional conduct, that caused loss to you, you are entitled to claim such loss from him. Negligence and the loss have to be proved at the Tribunal. Could you obtain a statement from the second contractor to say as to what the failure of the first was and what he did to rectify it? Armed with such a statement, first you should send a letter of demand claiming the loss. Should there be no settlement then a claim could be made at the Tribunal. Please note that in such an event the second contractor should be ready to give evidence at the Tribunal. Further the documents, which show the payment to the second is important evidence in the case. Please contact our Mr. Weir at 2526-1767, email : weirlaw@hongkonglaw.com


Weir & Associates

Solicitors & Notaries

Room 2108 Gloucester Tower

The Landmark

11 Pedder Street

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

email : WeirLaw@HongKongLaw.com

www.HongKongLaw.com/weirlaw

Thank you for the time taken to reply. We now need to instruct our second contractor to install additional supply to operate our premises. I do not want to get into a long drawn out legal affair,legal office in u.k. Would like to know cost for drawing up letter of demand based upon your comments, which i could then pursue through s.cc.court. Not even sure whether contractor can pay anyway.


I look forward to hearing from you.


Regards,


mark

Thank you for the time taken to reply. We now need to instruct our second contractor to install additional supply to operate our premises. I do not want to get into a long drawn out legal affair,legal office in u.k. Would like to know cost for drawing up letter of demand based upon your comments, which i could then pursue through s.cc.court. Not even sure whether contractor can pay anyway.


I look forward to hearing from you.


Regards,


mark


(I am based in Hong Kong)

Hi There,


Thank you for your comments. The company has been around for quite some time, and recently opened its office in our area. I believe that they are licensed, and will request a copy of their certificate. Contractor 2 is a friend, and gave us the bottom line saying that they should have known that their was insufficient power to handle the installed works.Contractor 3 we have also worked with in the past. I will chase up on the licence, any suggestions on proceeding if they do have it.I do not want to get tied up ongoing legal proceedings and costs. We still have to have the work done to up the supply, basically wanting to know if we could go after the first contractor this amount/


Many thanks