How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alex J. Your Own Question
Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3840
Experience:  Solicitors 2 years plus PQE
Type Your Law Question Here...
Alex J. is online now

We are a small dog training club. We were looking into building

This answer was rated:

we are a small dog training club. We were looking into building a "Dutch Barn" for undercover training. A Club member volunteered to investigate prices. He employed an architect to draw up plans. He came back with the architect's fee a and advised he had negotiated a 50% discount. this was paid. We subsequently decided not to go ahead with the building as it was too costly. The architect has now said the discount was only on condition the building went ahead and is now demanding more money and threatening sending a debt collector. The only thing we have in writing is an email from the club member advising of the discount and we were fully paid up. The club member also wanted paying for wasting his time. Do we need to seek a solicitor?
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Who is the invoice from the architect made out to? Has the architect given the member anything in writing about the discount being conditional? The club member is not entitled to anything for "wasting his time", if he wanted a fee paid he should have agreed it before he volunteered to do the work - he cannot unilaterally enforce a fee, after volunteering his time, after the event has occurred - this claim has no merit and you would have a strong defence that there is no contractual basis on which it should be paid. Is the club a limited company?
Customer: replied 1 year ago.
The invoice was to Newton Heat Dog Club. We are not a limited company. The invoice shows the full amount if £2500. The email from the Club member to the committee states he has negotiated a 50% discount and as we had already paid £1250 there was nothing further to pay. We found out later tat the so called architect is a friend if the club member
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
After we wrote to the architect to advise we would not pay any further monies he wrote back to say that the discount was on condition the building went ahead. This had never been mentioned
Hi, Thank you. The architect has been ill advised to say the least - there are two issues here:(i) Who is the architects contract actually with - he has taken instructions and issued an invoiced to a members club that is not even a legal person - what is he going to do sue all of the members? If he took that invoice to court and tried to sue, the court would say "Who have you actually invoiced" "which legal entity actually" has an obligation to pay you?(ii) Unilaterally changing the contract terms - he cannot change the contractual terms after the event and the terms have been agreed - to say that the discount was conditional after the terms have been agreed and the service paid for is not enforceable.Are they pursuing you personally? Kind regards AJ
Customer: replied 1 year ago.
No not me personally. I am just the chairperson. We are not even sure he is qualified. His website was only set up the week before he did the plans. Are we best ignoring him or should we.write again telling him we have taken legal advice?
Hi, Thank you. If you are going to respond do not respond in your personal name only respond on behalf of the club. I would say you have taken legal advice and (i) the club is not capable of entering into contracts and is not a separate legal entity - say (ii) the club denies any liability for further payment as the condition on the discount was only described after the services were provided and therefore cannot be enforceable. If the architect is then inclined to sue, then the club will have to respond to that separately. I would be really surprised if he did sue as does actually proof of any legal person (other than his friend) owing any money. I would be careful not submit any correspondence that gives him the idea to sue you personally, that is why I would avoid using your name in the correspondence.
Customer: replied 1 year ago.
Many thanks. I will take your emails to the committee to discuss.Can I just confirm that the price of £47 is the total I have to pay? I do not want a monthly account
Hi, Thank you. ***** can assist any further please do not hesitate to contact me. I am afraid I have no access to site administration and payment, I will refer this question to the site administrator and highlight that you do not want a monthly account. I would be most grateful if you could rate my answer in the mean time. Kind regards AJ
Alex J. and 4 other Law Specialists are ready to help you