- Reaction score
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@oscar21
Yes, agree it's not an ideal world but the post was cautionary and advisory, the certificate is part of the work and until it is handed over there is a position for the customer or company to deny payment regardless if they are dragging their heels for other reasons, like I said it sometimes does work but you are on the wrong side of the legal system in doing so hence be very cautious of using this method, regardless of why the customer/contractor isn't paying all they have to say to a judge on the day is that you have not completed the work as you have not handed over the certificate thus they have not paid, the court will likely side with them as you didn't follow procedure, the few times you are in a position to not complete the work or down tools is if you're in interim payments for the work and completion is not a requirement to receive the stage payments, this is a situation of a few where you are legally justified to take such actions.
There are other methods but require a paper trail of the appropriate steps been taken and forewarnings where you can enter the premises and reclaim your materials, again the legal system allows certain time for responses and chances to pay, this probably doesn't help either which is why we see so many in the trade in this situation especially when they start up, like I said it is a frustrating curve to go through and I have full sympathy as been there, done that and got the sticker.
Yes, agree it's not an ideal world but the post was cautionary and advisory, the certificate is part of the work and until it is handed over there is a position for the customer or company to deny payment regardless if they are dragging their heels for other reasons, like I said it sometimes does work but you are on the wrong side of the legal system in doing so hence be very cautious of using this method, regardless of why the customer/contractor isn't paying all they have to say to a judge on the day is that you have not completed the work as you have not handed over the certificate thus they have not paid, the court will likely side with them as you didn't follow procedure, the few times you are in a position to not complete the work or down tools is if you're in interim payments for the work and completion is not a requirement to receive the stage payments, this is a situation of a few where you are legally justified to take such actions.
There are other methods but require a paper trail of the appropriate steps been taken and forewarnings where you can enter the premises and reclaim your materials, again the legal system allows certain time for responses and chances to pay, this probably doesn't help either which is why we see so many in the trade in this situation especially when they start up, like I said it is a frustrating curve to go through and I have full sympathy as been there, done that and got the sticker.