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  • #995062
    nosakao
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    • Total posts: 5
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    Hi all.
    Please give me your opinion.

    The building management company A bought LED rights from company B and we installed in A’s display room.
    We invoiced to company B for labour and we have been told we need to talk to company A, also we have been advised company A had already made payment.

    We contacted company A directry and they said it was paid and giving us a remittance. After waiting their proof of payment for 2 month we sent out first warning and that action made story turned around.

    Apperantly company A wasn’t happy about our installation and used another electrician to rectified, re installed and back charged company B for the cost. B paid this charge.

    But we never heard our job didn’t meet their satisfaction. As company policy we never provide half done job, don’t take any short cut, do our best and always get nice feedback from customer.

    Comoany A are threatening us they will reporting us for poor workmanship and we are requested not to contact them.

    What should I do?
    Keep going for procedure to collect unpaid invoice or asking proof of payment?
    Or forget and never work with them?

    Also if it was true as they believe and they report us what will happen next?

    Any comment, advice and your experience will be appreciated.

    Thanks

    #1199784
    Robert Gerrish
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    Hi Nosakao

    What an unfortunate situation. It does seem very strange that the company did not make contact with you if they were not happy with the work you performed.

    I think at the very least they should give you the opportunity to have a face to face discussion to learn in what ways they considered your work to be substandard.

    I cannot imagine who they would report you to and have their report taken at all seriously once it was seen they had not mentioned any of this to you.

    If I did work that was deemed unsatisfactory, and my payment was being withheld as a consequence, I would most certainly be pushing for more information.

    Let’s see what others say,

    Robert

    #1199785
    Melanie – MJT Law
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    If I am reading this right you installed lighting that was sourced by the company who contracted you. They have not paid your invoice for work done and upon query they provided you with a remittance statement which you you waited 8 weeks to chase up. They are now claiming that the work needed rectification and engaged a secondary company to rectify your work.

    There are a few issues I can see here.
    1) waiting 8 weeks for payment without chasing it up could create a general cash flow problem
    2) if the remittance is genuine then what does it state? did it state that the payment was made immediately and you were expected to wait for it to show up. if the remittance is genuine then that is exactly what would have happened, if they wanted to claw that back they would have had to go to their bank and ask for the money back etc. a lengthy and difficult process which would have alerted you immediately to a problem
    3) if the remittance is not genuine – perhaps bring it into a branch of the bank the money was meant to go out of – then there could be a fraud there (Could be a fraud mind)
    4) did you have a contract or scope of works? did that contract provide for disputes? was there a rectification clause? if so then you may be able to enforce the contract based on the steps they did/did’t take
    5) what state was the work done in – your profile doesn’t provide too much information… in Qld we have the QBCC who may be able to help you start mediation with the company failing that your state government may have a mediation facility – qld certainty does.
    6) in Qld we have QCAT which is the where you chase contractual debts up to $25k (I think) each state has something similar or a small claims division of the magistrates court which is generally a own costs jurisdiction and usually a non-lawyer jurisdiction – you could chase the debt there. they have failed to pay, failed to notify you of a problem, failed to honour the contract. you may have a good claim.

    Who are they claiming they will report you to? if it is your equivalent to QBCC then I would remind them that the proper process is to provide you with a chance to retify the problem before taking the step of getting someone else to do it. our QBCC doesn’t really get involved in unpaid invoices so I would be interested what they are trying to achieve in “telling on you”.

    Good luck, it is not possible to answer whether it is worth walking away. I don’t know your cash flow, the amount on the invoice or your debt collection policy.

    #1199786
    bb1
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    You did the Job.
    You invoiced them.
    They claimed to pay you. (So the fact that they initially claimed to pay you sounds like they were happy with the job)
    They now claim they got it rectified by someone else, but never advised you of an issue.

    Sounds suspect to me. But either way you did the job, send it to the debt collector.

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