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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
So just to clarify, the customer did not allow you the opportunity to correct the work at all?
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. It’s a difficult position for bot of you to be honest – the customer may be reluctant to pay anything until they are certain that the work will be completed to a satisfactory standard. On the other hand, you may be reluctant to do any remedial work if you have not been paid because you believe you run the risk of not being paid at all. It can end up in a standoff between you where you are just stuck without being able to proceed any further.
You could make it clear to them that you are not escaping your legal responsibilities and are agreeing to return and sort out any issues, but there has to be mutual trust and he has to make it clear that he will be paying you once the issues are worked out. You can suggest that they at least pay a proportion of the amount owed, with the remainder being paid on completion.
In the end, you will both have rights against each other if things do not go right – he can pursue you for compensation if the work was not completed to a reasonable standard, you can pursue him for compensation if you have completed the work but have not been paid.
Does this answer your query?
You can indeed raise a counter-claim if you are still owed money and you can also argue that you have not been given a reasonable opportunity to make things right.
that is good, it also provides a paper trail as evidence