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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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Jo, What can I do to make a company rescind a totally

Customer Question

Hi Jo,
What can I do to make a company rescind a totally over inflated and unlawful invoice?
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.
Can you explain your situation a little more?
Customer: replied 7 months ago.
My company pulled off site on a building project due to insufficient work being available. The client employed others to complete our work on a seemingly 'whatever it costs to complete' basis and is now trying to charge us. I am happy with my contractural position regarding the incomplete work but wish to know what the legal ramifications are for my client in trying to recover costs that are not ours to bear. I.e, does this come under the tort of deceit and is it actionable?
Customer: replied 7 months ago.
Just to explain further, their invoice includes work that we were not even contracted to undertake.
Expert:  Jo C. replied 7 months ago.
Were you contracted to complete the entire job?
Customer: replied 7 months ago.
Yes. We cited a repudiatiry breach and terminated the contract when they employed others.
Expert:  Jo C. replied 7 months ago.
Did they employ others before you had left the sight?
Expert:  Jo C. replied 7 months ago.
site
Customer: replied 7 months ago.
Yes.
Expert:  Jo C. replied 7 months ago.
What is their explanation for that?
Customer: replied 7 months ago.
They wanted to accelerate the works. We costed it. They offered to pay half. We rejected their offer and they unilaterally took the decision to employ others.
Expert:  Jo C. replied 7 months ago.
OK. Did you guarantee a time scale? Were you in breach?
Customer: replied 7 months ago.
No. Time was at large. There was no agreed programme.
Expert:  Jo C. replied 7 months ago.
OK.Did they pay you for the full job or just the work you completed?
Customer: replied 7 months ago.
Just the work we completed, less the cost they incurred by using the others, which has been inflated.
Expert:  Jo C. replied 7 months ago.
I cannot immediately see on what basis they think they can claim from you.I can see that they could argue that you were working too slowly or that you walked off the job but you haven't been paid for the full job and were not paid per hour. At the very highest point they would have a claim for the difference between the price they would have paid you and the price they had to pay another to complete but then they would have to show that they properly mitigated their loss.This is one of the problems with the small claims court. Low costs encourage claims without merit.There is no way of striking this out though. It is a claim that is sound in law if those are their arguments. They are just ones that are weak for evidential reasons. You would just have to defend it in the normal way.I suppose you could use a solicitor who would threaten to apply for actual costs but then you would pay costs so it is counter productive.I wouldn't worry about this. As long as you deal with it then it is very unlikely that their claim would succeed.Can I clarify anything for you?Jo

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