Asked by the Customer on 22-01-2015 06:56:45
Question posted in the General Law category relating to Gauteng
Question posted in the General Law category relating to Gauteng
Hello I am a young quantity surveyor, who was tasked with creating a supplier database and various master bills of quantities. The invoice for the complete project was R59000
The agreement was I would be paid for each completed task. There was no problem as with the first two invoices I was paid timeously. Issue came in when I sent my final invoice in November 2014 and it was approved, but payment was put on hold for 'testing of the system'.
I honestly was shocked as this was never set as a basis for payment and secondly because we speaking of things that can't be tested. It is a known fact that the lady who is the director of the company has personal grudges against me, and I honestly feel she is misusing her power to intimidate me and ensure I am not paid.
I am currently between jobs, that R24000 could help me a lot. What steps can I take as it's now almost 3 months.
Thanks,
The agreement was I would be paid for each completed task. There was no problem as with the first two invoices I was paid timeously. Issue came in when I sent my final invoice in November 2014 and it was approved, but payment was put on hold for 'testing of the system'.
I honestly was shocked as this was never set as a basis for payment and secondly because we speaking of things that can't be tested. It is a known fact that the lady who is the director of the company has personal grudges against me, and I honestly feel she is misusing her power to intimidate me and ensure I am not paid.
I am currently between jobs, that R24000 could help me a lot. What steps can I take as it's now almost 3 months.
Thanks,
Message from the Attorney
Posted by Att. Patrick on 22-01-2015 11:55:48
Hi there and thank you for your question,
It sounds to me (from what you've written above) that your claim against the Construction company is a good claim, and that the balance of the amount (currently R24,000) is due, owing and payable by the Construction company. The trick is that you need to get it out of them!
Your frist step is to address a letter of demand to the Construction company - as their registered address, and via email and fax if you can. It does not have to be along letter, but it needs to cover: 1) that an agreement was reached; 2) the very basic terms of the agreement (similar to above); 3) that there has been a part payment of the total amount due; 4) that you have completed the work; 5) that they have suspended payment to test the system - which is something that was never agreed; 6) that the final invoice remains outstanding; 7) that you are making a formal demand for payment failing which you will approach an attorney to assist you with issuing summons out of the Magistrates Court and will apply for summary judgment against them.
Give them 5 days to effect payment.
Unfortunately the amount outstanding is above the small claims court jurisdiction (claims must be less than R12,000) so you will need to issue a summons out of the Magistrates Court. You'll most certainly need the assistance of an attorney. I can't refer you to a specific attorney, but I can direct you to the following two websites, www.findanattorney.co.za OR www.attorneys.co.za, where you can find a list of qualified attorneys in your area who will be able to assist you further!
You should ask that the attorney charges you based on the Magistrates Court tariff, and not more. In this way you will be able to recover most of your costs from the Construction company. You should also give your attorney a copy of ALL the documents that you have which relate to your claim. i.e. your agreement, your invoices, your letters to the Construction company demanding payment, their reply, and your letter of demand.
Good luck!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
It sounds to me (from what you've written above) that your claim against the Construction company is a good claim, and that the balance of the amount (currently R24,000) is due, owing and payable by the Construction company. The trick is that you need to get it out of them!
Your frist step is to address a letter of demand to the Construction company - as their registered address, and via email and fax if you can. It does not have to be along letter, but it needs to cover: 1) that an agreement was reached; 2) the very basic terms of the agreement (similar to above); 3) that there has been a part payment of the total amount due; 4) that you have completed the work; 5) that they have suspended payment to test the system - which is something that was never agreed; 6) that the final invoice remains outstanding; 7) that you are making a formal demand for payment failing which you will approach an attorney to assist you with issuing summons out of the Magistrates Court and will apply for summary judgment against them.
Give them 5 days to effect payment.
Unfortunately the amount outstanding is above the small claims court jurisdiction (claims must be less than R12,000) so you will need to issue a summons out of the Magistrates Court. You'll most certainly need the assistance of an attorney. I can't refer you to a specific attorney, but I can direct you to the following two websites, www.findanattorney.co.za OR www.attorneys.co.za, where you can find a list of qualified attorneys in your area who will be able to assist you further!
You should ask that the attorney charges you based on the Magistrates Court tariff, and not more. In this way you will be able to recover most of your costs from the Construction company. You should also give your attorney a copy of ALL the documents that you have which relate to your claim. i.e. your agreement, your invoices, your letters to the Construction company demanding payment, their reply, and your letter of demand.
Good luck!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Answer Accepted
This answer was accepted on 23-01-2015 06:42:26
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