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Thank you for your question and welcome. My name is ***** ***** I will assist you. Did they have a contractual obligation to submit the time sheets each month? Approximately how much are they claiming in total?Under Limitations Act 1980 they wont be able to claim anything that is old than 6 years. I look forward to hearing from you. Kind regards AJ
Thank you. Technically speaking he does have a claim against you, but that said he is also in breach of contract for failing to submit the time sheets on time. While you still owe him the money up until the limitation period runs out, I would use his failure as a grounds to negotiate down what you owe - perhaps you either agree a smaller lump sum to take into account the loss you suffer from the time and administration taken up by his failing. Do you have the exact wording from his contract that requires him to submit time sheets? Could I possible review this? Kind regards AJ
Thank you - I will look out for it. I would be most grateful if you would take a moment to rate my response when prompted. Kind regards AJ
Thank you. The wording is fairly clear her "The Company will" submit time sheets - that is a definite obligation and he is in breach of the obligation - what it does not say is that payment becomes barred from non submitting of time sheets. I would write to him and say that he has not submitted the time sheets and accordingly this is a breach and has caused you a loss (wasted management time) - I would try and negotiate down the figure on this basis. Is the company still trading or is he making the claim in his own name? Kind regards AJ
Thank you. Given the delay you should be able to use this to negotiate some settlement or payment structure. Making a demand like this would put pressure on most companies - that is why your contracts contain a requirement to submit time sheets.
That in itself could be a loss from his breach. You have to make clear to him that he had an obligation to submit time sheets, he has not done so in breach of the contract and the delay may have caused a loss for you - in which case you will have to consider to what extent you prepared to accept liability for what he is claiming.
Do not for get the limitation period - it is 6 years to the day, so if the demand came in November 2017 anything from October 2011 could be statute barred. Can I assist any further? Kind regards AJ
Thank you. I wish you the best of luck with this. Kind regards AJ