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I have just received a contractor agreement form an agent I have worked for over the last 4 years. In the agreement it states:
“The agent may not be held liable for the works completed by the contractor. Ultimate liability for all expenses incurred will be borne by the landlord of the property.”
I have a problem with this as it has always been my understanding the contract is with the company/person that places the calls therefore they would ultimately be liable. If there are problems would I have any comeback with the landlord.
Has anyone else come across this?
I have spoken to the agent who suggests it shouldn’t be a problem as they have ever had problems recovering costs, but if this is the case why should it be necessary to have it in the contract?
I am not happy signing this as I think they should accept liability as the landlords agents however I doubt it will cause problems so I’m apprehensive about rocking the boat with an agent I get a lot of work from.
Does anyone know what the legal implications are with this?
Re: Contractor Agreement
I now have 10 Estate and letting agents as regular customers and none of them have ever asked me to sign any contracts. I think that if I were asked I would refuse, As as far as I am concearned my contract to carry out work is with the agent not the landlord.
GooseRe: Contractor Agreement
Well I have recieved terms & conditions from a letting agent that I have to sign.
One of the point is that the agent keeps £200 uphand from the landlord and then they pay for any work that is done by the contractor.
If they do not have the amount, they ask the landord to pay for it first.
What the agent is saying then in case the landlord does not want to pay for the job and he is abroad or up north somewhere and then you have to chase it up.Usually the work is not expensive for the appliances to go throught bailifs etc and also will the agent release the details of the landlord in case he does not pay??
I would say agent is upto something.reason is that they can always deduct the money owed to the contractor from the rent that is comming in.They also need their {e5d1b7155a01ef1f3b9c9968eaba33524ee81600d00d4be2b4d93ac2e58cec2d} commision.Agent should be responsible because he is ordering the work
Regards
Re: Contractor Agreement
I think the problem here is he has decided to have this agreement and come up with this agreement which is a ‘one size fits all’ trying to apply it to building and maintenance contractor whereby the work is likely to be far in excess of the months rent which is held as security/deposit.
There is also a clause in the contract which states “The contractor will act promptly to requests for quotations and provide written quotations without charge on request”. I have already explained if he expects this from a contractor in this trade, there is a very good chance the contractor will make up the loss on other work which is something I am not prepared to do. If he pushes for this then I will have to renegotiate my terms to cover for this (although I am not happy working this way).
I have a good working relationship with this agent but this has come from higher than the people I usually deal with.
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