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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Note: This relates to the same situation as our other questions

Resolved Question:

Note: This relates to the same situation as our other questions on the site, so there is more information in those threads if required.
We are a web development company and have done significant amounts of work for a client who is now failing to pay (they aren't disputing that they should pay, but consistently delay, paying only small amounts relative to the total owed intermittently).
Does the client have a legal basis to try and compel us to continue to work on the project, due to claims that parts of it are still incomplete, and as it isn't fully functional we are obliged to get it to a point where he is satisfied that it is?
Further, could he use the claims of incompleteness and bugs to try and dispute the monies invoiced?
Some points:
* To date we have been paid for about 20% of the work done.
* We bill by the hour on a rolling basis, e.g. at the end of the month we bill all the hours done in that month for the client regardless of whether the project / task / subtask was completed in the month, or is still ongoing.
* We have never made any representations as to the work being completed.
* We have been done quite a lot of work for the client in question over the last 18 years, we haven't changed the way we operate, and he should be very familiar with it.
* It is only since we have really started to push for payment that he has started to try and intimidate us into doing more work, occasionally offering to pay off a small amount against the outstanding debt if we do so. On the occasions we have (generally emergency fixes) we have often either not been paid, or only received a fraction of the amount promised.
* We have offered him a discount of 25% to encourage payment, this would more than cover any possibly disputable time/tasks.
Many Thanks!
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.How much is owing please?
Customer: replied 1 year ago.

The current VAT inclusive total is £103,000. [note due to the non-payment we don't have the cash reserves to make a statutory demand or money claim online, even at the £5k to £10k bracket]

Expert:  Ash replied 1 year ago.
Have you made a statutory demand?
Customer: replied 1 year ago.

As noted in our reply, we can't afford to make (and have't made) a statutory demand for anything over £4999, certainly not the full amount due.

Our primary question is really:



  • Does the client have a legal basis to try and compel us to continue to work on the project, due to claims that parts of it are still incomplete, and as it isn't fully functional we are obliged to get it to a point where he is satisfied that it is?

Expert:  Ash replied 1 year ago.
The answer is no, unless there is a contract saying otherwise. You are entitled to payment for work done, that is it.
The law says you are entitled to a reasonable fee for reasonable work done.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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