Simon D
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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. |
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seilygirl
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No, that is the way it is done they pay you when everything is completed, even the damages. |
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taketwo
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part now and remainder on completion |
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Shibi
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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. |
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nickdc1960
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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 |
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arejokerswild
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No. They want to assure the damage is repaired first.
a |
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lcmcpa
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Not paying is their leverage to assure them that the damaged property will be replaced.
l |
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braveheart321
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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. |
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peaches
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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. |
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connie_mspt
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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. |
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joker_32605
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Not while your company owes them for damages.
c |
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jayktee96
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They shoudn't withhold more than the value of the replacement , contact your insurers and let them sort it out. |
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carla s
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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? |
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Robin A.
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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. |
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