Contractors who claim they have been left out of pocket for work at a Fife building site have vowed to press ahead with legal action despite a warning from the Lancashire-based housebuilder they are pursuing that he will sue them for damages unless they withdraw their allegations.
The Courier reported on Saturday that around 20 contractors have accused Paddle Homes of failing to pay for work carried out at its housing development in Kennoway.
When contacted by The Courier about the proposed legal action by contractors, the owner of Paddle Homes, Derek Barnes, said: “Let them do it. I have no comment to make.”
In an email to one of the contractors, Bruce Henderson of Dunfermline, Mr Barnes has since threatened legal action against the contractors unless they withdraw their claims.
Mr Barnes said in his email seen by The Courier that unless the contractors withdraw the allegations against Paddle Ltd, he will take action.
Mr Barnes’ position is that none of the properties that Mr Henderson and the contractors have claimed commission on have been sold.
He said in his email: “Commission can only paid on exchange of missive and on completion of the property. You only reserved three properties and none are sold as there is no exchange of missive on any of them therefore you have sold nothing, you are owed nothing.”
Mr Barnes told Mr Henderson that the issues with other people not being paid are “totally groundless” and unless he receives a copy of a letter from Mr Henderson withdrawing the allegations he will go to court.
Mr Barnes gave until close of business on Monday for Mr Henderson to respond and warned him that he would “spend the time and funds to personally, to claim damages against you and costs, which is likely to be far in excess of any funds you may have and you will find yourself made insolvent”.
Confirming that the contractors would be pressing ahead with their legal action, Mr Henderson told The Courier 20 contractors were owed £15,000-£20,000, ranging from £50 each to several thousand pounds.
He rejected Mr Barnes’ refusal to pay on the basis that houses had not been sold, adding they had been reserved in February and not occupied.
Mr Henderson described this as an “excuse”.
He said: “It now seems that he would rather stifle any issues by threats than address them directly with contractors or potentially regulatory bodies.
“Since raising the issues in the local press a number of contractors have come forward and are both willing to meet Derek Barnes on-site in Kennoway to deal directly with him or pursue the class action.
“I have a few still to speak to but the message is clear. We will be pursuing the outstanding money that is owed to contractors despite the threats from Derek Barnes.”