I'm incharge of the HR and finance in our company. We recently had our interiors designed by an architect. The architect took more than 2 months extra over the actual contract period and didn't complete the work on time. In addition, he used inferior quality materials therefore we had to end the working relationship with him. When asked for an invoice, he sent the estimate that was quoted by him even before the work started, this invoice also has items for which he hasn't worked.
However, as per our contract, we originally agreed that the final bill would be based on the actual costs and the site measurements. He now refuses to send an invoice based on the actuals and refuses to produce the actual bills for the materials purchased. In addition, he doesn't want to prove that his invoice amounts are genuine. As a company, how do we handle this. We are very ethical and honest in our dealings and don't want to deprive anybody of their earnings but at the same time we don't want to be fooled either. Can we take this issue legally (we have a signed contract)? what would be the implications? or can we settle this payment issue any other way without making this legal.
Please, can anybody advise?
From India, Madras
However, as per our contract, we originally agreed that the final bill would be based on the actual costs and the site measurements. He now refuses to send an invoice based on the actuals and refuses to produce the actual bills for the materials purchased. In addition, he doesn't want to prove that his invoice amounts are genuine. As a company, how do we handle this. We are very ethical and honest in our dealings and don't want to deprive anybody of their earnings but at the same time we don't want to be fooled either. Can we take this issue legally (we have a signed contract)? what would be the implications? or can we settle this payment issue any other way without making this legal.
Please, can anybody advise?
From India, Madras
Hi
Please send me the terms of contract at my email id..
.
And also ask your technical team to take a measurement of the work done anctually and also ask your said contractor send his expert within three day to finalise the deal, if he fails you may appoint independent expert and seek his opinion in writing the actual cost of construction after doing all exercise ask your contractor to cooperate or else face the damages done to your firm strictly in accordance with law.
Regards
Arun K Mishra
Please send me the terms of contract at my email id..
And also ask your technical team to take a measurement of the work done anctually and also ask your said contractor send his expert within three day to finalise the deal, if he fails you may appoint independent expert and seek his opinion in writing the actual cost of construction after doing all exercise ask your contractor to cooperate or else face the damages done to your firm strictly in accordance with law.
Regards
Arun K Mishra
In the States, such conduct on the part of a contractor is unconscionable. Where the contractor has not completed the work per the contract and since you required another to finish the job, the contractor is liable (assuming the contract or Indian Law holds him to the bargain) for all expenses and penalties resulting in his poor performance.
If the contractor knew, or should have known that the work was beyond his capabilities, he should have made that fact known before he started the job. Now you want to pay him for his incompetence??
Send a letter with your invoice indicating that if the matter is not resolved in a reasonable amount of time (30 days), you will seek legal advice. (Copy in-house counsel/ outside attorney)
From United States,
9If the contractor knew, or should have known that the work was beyond his capabilities, he should have made that fact known before he started the job. Now you want to pay him for his incompetence??
Send a letter with your invoice indicating that if the matter is not resolved in a reasonable amount of time (30 days), you will seek legal advice. (Copy in-house counsel/ outside attorney)
From United States,
Hello,
Do any of you know an legal organization or an individual that specializes in such dispute resolutions? In addition, if we would like to have another architect very this contractor's work, will the architect also be involved in dispute resolution?
How do other companies handle this? I guess, going legally wouldn't be a quick process as there are already huge amounts of pending cases in courts.
BTW, does anybody know, what would be the costs incurred, if this matter were to be settled by dispute resolution agencies?
Any help in this regards would be greatly appreciated.
Thanks,
Felix.J
From India, Madras
Do any of you know an legal organization or an individual that specializes in such dispute resolutions? In addition, if we would like to have another architect very this contractor's work, will the architect also be involved in dispute resolution?
How do other companies handle this? I guess, going legally wouldn't be a quick process as there are already huge amounts of pending cases in courts.
BTW, does anybody know, what would be the costs incurred, if this matter were to be settled by dispute resolution agencies?
Any help in this regards would be greatly appreciated.
Thanks,
Felix.J
From India, Madras
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