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Filing complaints against payement delays

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Re: Filing complaints against payement delays

Post  RJM on Tue Jan 10, 2012 12:02 am

Happy New Year!

NECK - From little I know regarding contractual matters, most of the time whoever is going to be a Judge, Adjudicator or Arbitrator will rely much on the terms and conditions governing the contract in question (agreed by the parties when signing the contract). Simply - interpret terms and conditions. None of the them will create terms and conditions for the parties. That said - Delivery Notes will be considered to draw its legality from the exist contract. It should be kept in mind that Contract is an art and not a science!

RJM

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Filing complaints against payement delays

Post  N.E.C.K on Fri Dec 02, 2011 8:05 pm

Sorry for late reply

As i explained on my previous POST i just started to work for this company (Or maybe i forgot to put it down on the first post).

My assumption is that the job was offered to "the company" one or two years ago [I haven't had a chance to see the any contract documents--at least ever since i got here--] Therefore - between our firm and the employer- this is a monthly routine task that has been going on for a year or so and it seems everything has been smooth but this time around the payment delays have impacted our firm negatively forcing us to bring some of our other projects to a halt.

Maybe to make it more precise, is it possible by any chance that our company can use "delivery notes" which state the dates at which the payments should be made (30days from time of delivery) to file for complains against the client???

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Re: Filing complaints against payement delays

Post  RJM on Thu Dec 01, 2011 8:25 pm

First and foremost I’m not a “Learned Brother” so incompetency in the subject can be tolerated!

In fact, most of law if not all recognizes a number of different types legally binding contracts; WRITTEN – formally agreed; standard form [SBDs] or simply a letter confirming an agreement; VERBAL – can be just as binding as written agreements & MIXTURE – mixture of verbal and written terms.

Going by NECK submission, it appears that his contract falls under VERBAL. If it is written he wouldn’t worry this much.

Before I proceed, NECK based on the above little explanation, what type of contract is yours?

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Filing complaints against payement delays

Post  N.E.C.K on Thu Nov 24, 2011 4:55 pm

RJM, RSM and all experts in the field /help needed.

I work for a small "land development consultancy" company as an assistant Director. I have encountered a problem with one of our clients on payment delays. Truthfully, the company has no official "contract" with the client as the works and services rendered to them is on a monthly basis and has spanned for a number of years without any problems; thus establishing a trustworthy bond btn the company and the client to work out of "law" bubble. This time around things have gone south and we were contemplating on taking legal actions against the client for delaying payments and in turn the company has made significant losses due to lack of operating funds. The basis of our claims is "time value of money" but how do we approach it when the only document binding us to our clients are "invoices" and "purchase orders"....By the way i have little "practical" experience so maybe there's something i've missed.

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