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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10265
Experience:  30 years as a practising solicitor.
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I agreed to provide services to a client which for simplicity

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I agreed to provide services to a client which for simplicity was in two parts. The work and report. For months I delivered both parts and got paid albeit always late.
One time I did the work and forgot the report. Nothing was said and I got paid.
I realised that the reports appeared superfluous and I continued to do the work but not provide the reports. I continued to be paid, albeit late. Many conversations were had and no mention was made of the lack of reports.
Then, he asks for the reports. I admitted I didn't have them.
We then agreed if I provided reports going forward, he would pay 50% of the invoices outstanding and pay on time.
It seems that this was not clear in the written agreement and now he is insisting he half the invoices already paid. To such an extent that I now technically owe him over 1000!
What is my position please?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Technically you're in breach of contract by not providing the reports. The easiest way to deal with it would be to do the reports and provide them if they can be done retrospectively.
If not, then you will have to attempt to agree what portion of your fee is represented by the reports and negotiate the consequent reduction. In other words, is it the 50% the other party is suggesting or is that too high?
Happy to examine the written agreement if you want me to do so. It can be emailed to me in confidence to***@******.*** and you can ask the site moderator to forward it to JGM.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
thankyou- I have a couple of questions.
1. Is he in breach of contract by not paying me on time when i was delivering the service as agreed ?
2. If yes, does that effect the continuing agreement?
3. Is payment of invoice agreement that services have been delivered?
Many thanks
Richard
Expert:  JGM replied 2 years ago.
1. Yes.
2. No, because you accepted the late payment.
3. No, he can make payment and still insist on being given the full services contracted for.
Customer: replied 2 years ago.
the fact is i am unable to supply the reports retrospectively.
focussing on no. 2. i accepted payment because I needed it to pay my mortgage!
What else could I have done?
Bot***** *****ne - is there anything I can do to leverage the fact that he was in breach of contract before me.?
i either have to write off 5k of work or pay him 1k.
Expert:  JGM replied 2 years ago.
I suppose the answer to "what else could I have done?" Is you could have provided the reports in accordance with the contract.
The late payment argument won't help you, I'm afraid, unless you have an argument that you didn't produce the reports because he wasn't paying you on time but to succeed in that you would need some kind of paper or email trail saying that.
Other than that all you can do is negotiate.
JGM, Solicitor
Category: Law
Satisfied Customers: 10265
Experience: 30 years as a practising solicitor.
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