If work has been completed to satisfaction but the client believes we have damaged their other property, which we are paying to replace, should they pay the full invoice in the mean time? Do we have any legal rights if they are refusing to pay? (UK)
2006-09-21 01:43:03 · 14 answers · asked by LYNSEY M 1 in Business & Finance ➔ Small Business
The client is in the right, up to the point he becomes unreasonable. Then your only recourse is the small claims court.
Most of my contracts, or those I sub-contract for have retention at 10% of the value of the job. This means I get 90% on completion and the remainder when everyones satisfied. If I have damaged property in excess of 10% they will need to re-claim through the courts. Also try putting in milestones where you get paid once the job has reached a certain stage. That way you can pay your overheads and make sure that work done gets paid for.
2006-09-21 01:56:19 · answer #1 · answered by Simon D 5 · 0⤊ 0⤋
I would not pay the invoice in full until I am satisfied that the work is up to my standards some people try to fob you off with what they think is right but at the end of the day they don’t have to live in the place do they?
2006-09-21 01:53:38 · answer #2 · answered by carla s 4 · 0⤊ 0⤋
I live in the US, and I'm not an expert in UK law, but... a contract is a contract. If you have performed your part of the agreement, then you should be paid in full or in quantum meruit for the portion of fulfillment of your end of the agreement. That said, it is equitable for you to pay for the damages, when there are damages resulting from your completion of the agreement -- but the amount you are paid under the contract should not be decreased for these damages. If they refuse to pay you can seek legal enforcement of the contract -- payment for services/completion of the contract (the amount you were to be paid for your work). Essentially these two amounts are separate monies: one amount earned under the contract; one amount owed for damages to property.
2006-09-21 01:53:22 · answer #3 · answered by Shibi 6 · 0⤊ 0⤋
Usually the invoice is not paid during a dispute until all issue with dispute have be rectified. As far as you rights in the UK I don't know it would be better to talk to a barrister regarding those issues.
2006-09-21 02:10:56 · answer #4 · answered by Anonymous · 0⤊ 0⤋
They can pay some/part of the invoice until all of the damage is fixed. Once the damage is fixed, they should pay you the remainder. They can keep some of it back as a deposit against the damage.
2006-09-21 01:45:04 · answer #5 · answered by Robin A. 3 · 0⤊ 1⤋
I don't know the legal answer, but I wouldn't pay until any damages I had were completely repaired or replaced. I think you should be patient.
2006-09-21 01:47:22 · answer #6 · answered by connie_mspt 4 · 0⤊ 0⤋
Not paying is their leverage to assure them that the damaged property will be replaced.
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2006-09-21 01:51:13 · answer #7 · answered by lcmcpa 7 · 0⤊ 0⤋
I highly recommend that you take a look at this website. They have a full battery of legal forms to use to prompt payment from a business that owes you money...
http://www.creditmanagementworld.com/forms.html
2006-09-21 10:11:11 · answer #8 · answered by nickdc1960 7 · 0⤊ 0⤋
No, that is the way it is done they pay you when everything is completed, even the damages.
2006-09-21 01:45:57 · answer #9 · answered by seilygirl 4 · 0⤊ 0⤋
Think you should replace any damage that you have done, they might think that if they paid you now you won't finish the replacement to be done.
2006-09-21 01:51:59 · answer #10 · answered by braveheart321 4 · 0⤊ 0⤋