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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In follow-up to my question of March 4th, I did as you

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In follow-up to my question of March 4th, I did as you recommended and sent the contract administrator who billed me for work not performed, a long letter outlining each of the tasks he did not complete and that I wasn't paying.He has written back refuting my claim, and saying, in brief:
1) His original quote was based on my following his advice but I declined to.
2) Although he could not undertake all the duties listed in the fee proposal, he still managed the contract in accordance with my requirements and therefore I still owe him.
3) He did not perform some of the work because of direct orders from me.It seems to me that he admits that he didn't do some of the work because
1) the project went much longer and was much more difficult than he originally estimated. Yes, that's true, but never did he give me any indication that his fees would increase, or give me a revised proposal because I for sure would have rejected it; and
2) he is asking to be paid for work he didn't do because, he says, I gave him orders not to. This is not true, but he simply didn't perform the tasks as outlined on the proposal so I don't think I should pay.Am I correct in believing that, his reasons for not completing each of the tasks are irrelevant? The original proposal that I signed and accepted is a list of milestones and a "value" for each. There's no fine print, i.e., no where does it say that I have to pay even if those tasks aren't completed or he can adjust his fee without notice.If I were to send a letter simply stating that "Regardless of the reasons you give for not completing the tasks on the proposal, you did not perform the work and therefore you are in breach of contract and I do not owe you. I am not legally obliged to pay for work not performed."Thanks.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Yes I would agree, the reasons for not completing each task is just a red herring, they are irrelevant.You can send a letter saying that regardless of the reasons given the work was not completed as contracted and therefore you are not prepared to make paymentCan I clarify anything for you about this today please?Alex
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