Payment terms not met

**Ghandi** · 2 December 2014, 05:39

Originally posted by Stevie Wonder Boy

You are so going to get banned. Why do you think repeatedly starting threads is going to get your answer? The admin has locked your previous question.

Oh dear, I did get my answer, I was just trying to find out more but couldn't do anything with the other thread. There was also no option to directly ask the person who replied previously.

**cojak** · 2 December 2014, 06:26

There is nothing more to add.

The reason I locked it is because I am suspicious of recent new posters asking strange questions that were answered in the 1st 2 reply posts and stringing it out for 3 pages..

**Ghandi** · 2 December 2014, 06:27

The reply given was for professional indemnity which I have confirmed can be made retrospective if I pay a little extra. I will do that.

I was just curious cos I noticed you couldn't do the same for public and employee liability. In such as case if it was contractual but I didn't have it would that mean that the i wouldn't get paid cos the payment terms were not met?

**cojak** · 2 December 2014, 07:23

Payment terms not met

Ask the agent about this, and if they still don't pay you Google the word 'dunning'.

**TheFaQQer** · 2 December 2014, 09:19

Originally posted by cojak View Post

Ask the agent about this, and if they still don't pay you Google the word 'dunning'.

Or ask Safe Collections, but don't use the word 'dunning'

**Safe Collections** · 2 December 2014, 13:54

Originally posted by TheFaQQer View Post

Or ask Safe Collections, but don't use the word 'dunning'

**SimonMac** · 2 December 2014, 16:41

Originally posted by Ghandi View Post

Out of curiosity what would happen if payment terms are not met because the contractor did not have public liability insurance at the start of the contract?

In the event of a payment dispute Does that mean that the contractor would not be paid?

YOU have not met the requirements of the contract, so there is no money owing, simples.

**Scruff** · 2 December 2014, 18:47

Just because you don't have all the insurance doesn't invalidate the contract. The fact that you have conducted the work in fulfilling the material terms of the contract, constitutes performance for which you are entitled to payment. The lack of insurance cannot be seen to be material. In the meantime, get the insurance and issue the invoice.

**tractor** · 2 December 2014, 23:52

...

Originally posted by Scruff View Post

Just because you don't have all the insurance doesn't invalidate the contract. The fact that you have conducted the work in fulfilling the material terms of the contract, constitutes performance for which you are entitled to payment. The lack of insurance cannot be seen to be material. In the meantime, get the insurance and issue the invoice.

Arguably, PL and EL insurances or the lack of are not material breaches of any contract. The agent has not breached either unless you have issued the invoice and waited the agreed time for it to be paid.

Once you go through the proper process, you can then start talking about collecting the debt. But the first thing to do is issue invoices that are outstanding. The problem arises in that if you are slack doing that, where do you draw the line? You are liable to get in the old 'rock and a hard place' where you have to leave because they 'say' they won't pay and end up doing more work for nothing.

Get the invoices in and do it now.

Payment terms not met