Problem: On a small housing development that my company recently undertook as main contractor, (3 detached houses), the driveway was concreted by a specialist paving contracting. It was a little late finishing, but no dramas and the job was done and I paid the specialist.
About one month ago, I had a visitor to my office. It was a manager from the concrete supplier. It turns out that the paving contractor had failed to pay the concrete supplier. I told him that I had already paid and that he should direct any grievance towards the specialist contractor. He subsequently left.
A few weeks later I went to the office and found a letter taped to my door from the said concrete supplier, saying the concrete is their property and they have the right to remove goods from the development, without my consent. Is this correct? I feel quite threatened – can I get the police involved?Thanks in advance. Mark, Wigston.
Response: Hello Mark. Firstly, the supplier’s contract is with the paving contractor, not your company, so under the law of privity, the supplier has no cause of action against your company.
Regarding removal of the goods, even if the concrete supplier has a valid retention of title in its contract with the paving contractor (referred to as a Romalpa clause in legal circles), it would be useless as the concrete, once laid and set, would have become annexed to the land.The matter of the concrete supply and whether the supplier has been paid is a civil matter and one that the police would not get involved. However, if the concrete supplier makes contact with you at least twice on the matter, then this can be considered harassment and may well become a criminal matter (as well as a civil).
I would suggest a well worded solicitor’s letter to the concrete supplier will end the matter!
© Michael P. Gerard MSc, PGDipLaw, PGDipBar, FCIOB, MCIArb, MAE
The advice provided is intended to be of a general guide only and should not be viewed as providing a definitive legal analysis.
Author background
Michael is a Barrister, Chartered Builder, Registered Adjudicator & Accredited Expert in quantum and planning matters. He is Managing Director of Michael Gerard & Co www.michael-gerard.co.uk, a company of chartered building consultants and quantity surveyors who provide a specialised service in the areas of construction law, quantum, programming, business recovery and insolvency support to the construction industry. Michael is also a practising solicitor and consultant with Silver Shemmings LLP.