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Client withholding payment

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  • 25-07-2018 10:05am
    #1
    arctictree
    Registered Users Posts: 4,323 ✭✭✭


    Quick question on invoicing. We are a subcontractor for a project and have an invoice which is outstanding for over a year now. We delivered the service as requested but due to some dispute between the main contractor and the client outside of our control, the client is not paying. The main contractor is using this as an excuse not to pay us. Do they legally have any leg to stand on here? Surely the payment is due to us irrespective of wether the end client pays or not?


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    #2
    ACADasltiv
    Registered Users Posts: 79 ✭✭ACADasltiv


    The Main Contractor is fobbing you off. Many subcontractors are totally unaware of the benefits imposed by the Construction Contracts Act 2013.

    The key provisions of the Act pertaining to you are:

    1. Irrespective of the provisions of the subcontract, subcontractors are entitled to be paid the full value of work completed every 30 days.

    2. The paying party must respond to a payment claim within 21 days of the payment claim date. If it fails to do so, it runs the risk of having to pay the full amount of the claim, irrespective of how inflated it may be.

    3. Any dispute relating to payment may be referred to an adjudicator at any time.

    4. The adjudicator must give a decision within 28 days, and the amount awarded by the adjudicator is payable immediately, irrespective of the fact that the dispute may then be the subject matter of arbitration or litigation.

    5. Pay when paid provisions are no longer permitted.


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    #3
    arctictree
    Registered Users Posts: 4,323 ✭✭✭arctictree


    ACADasltiv wrote: »
    The Main Contractor is fobbing you off. Many subcontractors are totally unaware of the benefits imposed by the Construction Contracts Act 2013.

    The key provisions of the Act pertaining to you are:

    1. Irrespective of the provisions of the subcontract, subcontractors are entitled to be paid the full value of work completed every 30 days.

    2. The paying party must respond to a payment claim within 21 days of the payment claim date. If it fails to do so, it runs the risk of having to pay the full amount of the claim, irrespective of how inflated it may be.

    3. Any dispute relating to payment may be referred to an adjudicator at any time.

    4. The adjudicator must give a decision within 28 days, and the amount awarded by the adjudicator is payable immediately, irrespective of the fact that the dispute may then be the subject matter of arbitration or litigation.

    5. Pay when paid provisions are no longer permitted.

    Thanks for your reply but this is not in construction but in IT. Does the above still hold?


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    #4
    Gloomtastic!
    Registered Users Posts: 8,479 ✭✭✭Gloomtastic!


    arctictree wrote: »
    Quick question on invoicing. We are a subcontractor for a project and have an invoice which is outstanding for over a year now. We delivered the service as requested but due to some dispute between the main contractor and the client outside of our control, the client is not paying. The main contractor is using this as an excuse not to pay us. Do they legally have any leg to stand on here? Surely the payment is due to us irrespective of wether the end client pays or not?

    Go and talk to your solicitor and initiate legal proceedings immediately. They are taking the piss and you have let them get away with it. They won’t believe anything you say now so that is why you need a solicitor. Be ruthless and take no excuses!


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