Problems with subcontractor

**escaped** · 11-12-2010, 11:30 PM

Currently I'm building a house for which I use general constructor.This constructor has hired a subcontractor to tile the swimming pool and to cover 11 collumns in sand wash.The pool tiling is included in my contract but the collumns are extra expenses.Price agreed to do the collumns was 22.000 Baht for 11 pieces.
There is no written contract of any kind with the subcontractor.
I paid 6000 Baht deposit for the collumns from which I have a receipt and the agreement was to pay the reminder when they are finished.
Two days ago all collumns were finished constructing but they still needed to have the colour washed out and here comes the subcontractor asking for his money already.I tell him that when they are washed out and are checked the reminder will be paid as agreed.
So they start to wash them and it shows out that some of the collumns have mistakes in the way that the color is not equal all over the collumn.Others are not washed out completely yet.
My constructor points it out to them and they try to adjust the worst one of the collumns but fail in that.At one point the workers say that if they not succeed to adjust the problem they will redo the collumn.
Later they call their boss and he tells them to stop all the work and leave.The boss himself shows up a bit later,but doesn't feel he need to discuss the job quality,takes pictures of all the collumns and destroys them after by taking some parts out of them with a hammer.
I call in the local BIB and he goes to another police station at the same time.
While the police I called in is present at the site he phones my constructor
and tell him to come to the Banglamung police station as he is making a report.
So we do but he is not there anymore and at the police station they seem not to be aware of any report.My constructor calls him to tell him that I want to make a report to recover my deposit and he says he will send his lawyer and will come himself also.Later he calls back to say that they don't have time now and will call again when they have time for it.

So everything in short:There is no written contract for the pool tiling or the sand wash.
My constructor has paid the guy 25.000 Baht advanced payment from which he has NO receipt but the money paid covers the sq. meters done so far.
I have paid 6000 Baht advanced payment for the collumns from which I have a receipt but I have 11 collumns which are all damaged.
Neither of us has filed an official report yet.

What should I do and what are my options?

Thanks for reading my extended post.

**dirtydog** · 12-12-2010, 12:21 AM

25k is nothing for a pool, if he is on the columns your a 100k baht ahead already, or more.

**escaped** · 12-12-2010, 09:32 AM

^ I need to clarify some points in my post first.In the swimming pool he had to do the labour to tile the floor only as the walls were tiled already and the materials are provided by me.Still I'm ahead a little for sure.
But the point of my post is actually to know if he has a leg to stand on if he files a report with the police.And if I should file a report to recover the deposit paid or better leave it the way it is.

**Mr Lick** · 12-12-2010, 11:15 AM

Personally, i wouldn't involve myself with the subcontractor off site. As you point out he has been hired by your constructor and therefore he is responsible for ensuring that the work carried out is of a suitable standard.

It may be in your own interests to only pay the constructor, not a subcontractor, especially where any dispute exists.

The subcontractor seems to be playing a game by threatening to call police into the dispute. Quite frankly, it is not a police matter from his perspective. It is a civil dispute.
However, if he has damaged work that you have paid for then you may have a case of 'criminal damage' against him.

I wouldn't worry too much, if you still trust the constructor just tell him to employ someone else to carry out the work as you dont wish to have the workers back on your property.

You may have lost 6000 baht but not exactly a king's ransom in the scheme of things.

**escaped** · 12-12-2010, 11:22 AM

Mr Lick,the workers of that subcontractor will not return anyway.I was thinking the same way as you but my concern is what will happen if I just start repairing the columns and after that the subcontractor files a report.
Will I still be able to claim that he damaged the work at that point even when I don't make a report now.

Also the cost for the columns was 11 x 2000 Baht from which I paid only 6000 Baht deposit yet.So did he actually damaged the work I paid for since it was not fully paid yet?

**Thormaturge** · 12-12-2010, 11:25 AM

^^
I agree with Mr. Lick.
The police won't be interested. People file meaningless reports here all the time.
Lawyers will take forever, and to them ThB 6,000 is pocket money.
Just have your constructor hire a new subcontractor and move forward.

**Mr Lick** · 12-12-2010, 11:35 AM

Originally Posted by escaped

my concern is what will happen if I just start repairing the columns and after that the subcontractor files a report. Will I still be able to claim that he damaged the work at that point even when I don't make a report now.

Can't imagine why the subcontractor would file a report, he hasn't a leg to stand on. He damaged property that you had already paid him for.

Take a few photo's of the damage he caused if it worries you, but as Thormaturge mentions, time to move on.

**spikebs4** · 12-12-2010, 04:21 PM

let your constructor/contractor sort it out ,its not your problem ...the sub/con is just trying it on /me thai you falang me scare you with police/ but it would pay you to take a few pics of the work he has done or not done as the case may be ... hope the rest of the build goes ok good luck.......

**khun Per** · 12-12-2010, 06:38 PM

I agre with the answers, take photos of damages - evt. get your main-contractor to verify - and move on. 6k baht is worth loosing to avoid problems.

I just build a house and hired myself some of the contractors for socalled decoration. In between a thai-contracter says he can do the job, but it end up in a unaceptable quality - for a farang. Some thais you cannot even talk to about the quality (make them loose face), they just walk out - or even worse, bang out their done job. Goodbye deposit. Worth finding contractors, who are used to work with farangs.
I had a few unsatisfactory cases - the contractor may have done it the best he could, and I may have expected more - but I just paid them and said thanks; and then found another to do the job the right way. 6-10k baht or even 20k is a cheap price to pay, to avoid having a problem with an agry thai.

**escaped** · 12-12-2010, 10:58 PM

Thanks for the reply's guy's,the answers confirm my thoughts.I will look for a new subcontractor who can repair the damaged columns and replace 3 of them that are to bad due to the color differences,and tell the previous contractor to take a walk if he comes crying.
Guess he made the final price of my columns a fair bit cheaper with his actions.

**spikebs4** · 13-12-2010, 12:03 AM

Originally Posted by escaped

Thanks for the reply's guy's,the answers confirm my thoughts.I will look for a new subcontractor who can repair the damaged columns and replace 3 of them that are to bad due to the color differences,and tell the previous contractor to take a walk if he comes crying.
Guess he made the final price of my columns a fair bit cheaper with his actions.

or maybe not ,the way thais think is it will cost a bit more to put right ... just let your contractor sort it out ...

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