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stevewlaw
stevewlaw, Attorney
Category: Business Law
Satisfied Customers: 200
Experience:  25+ years and millions of dollars in settlements in catastrophic personal injury, wrongful death, and commercial litigation.
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Dear Sir, I signed a contract with an auditing firm of London

Customer Question

Dear Sir,
I signed a contract with an auditing firm of London for the European Commission funds projects in Romania.
We conducted our audit work in 2012 under the direct coordination of a lady auditor, representative firm of London (as Partner-in-Charge).
Last year we charged 50% of the contract value, the difference of 50% to be paid after of London company receives money from the European Commission.
The audit report was submitted in September 2012 and accepted by the Commission Europeana.Noi have not received any official notification from our partners till date 02/01/2013, when I asked if we could to charge difference of 50%. Response to the companies that English was no longer give us any money.
Please tell us what we must do in this situation, because we do not want to affect trade between the two companies.
Submitted: 1 year ago.
Category: Business Law
Expert:  stevewlaw replied 1 year ago.

stevewlaw :

Good evening. If you overriding concern is not wanting to affect trade between the two companies, then your decision must be business driven and not legal. It is difficult to provide precise answers since I don't know all the underlying facts, have not seen the contract, and really have no idea of the business relationship and history between the two companies. As the former General Counsel for a manufacturing company for several years, I can relate to your situation as may of our decisions were driven by business concerns and relationships, and not legal ones. I will assume that the contract is solid and provides you with a basis to be paid the remaining 50% of the amount due if you made a legal claim. However, in order to resolve it from a business perspective, the first thing you need to determine is WHY they are not paying? I am sure the contract was written in a manner that provides for payment to you regardless of whether or not the English pay them. You need to put together a detailed letter advising the company that their responsibility to pay was irrespective of whether or not the English paid them. Perhaps they are having a cash flow problem? You can suggest if it is a cash flow problem, to offer them an affordable payment plan. You want to do whatever you can to get them to acknowledge the debt and begin paying on it. But remember, the key is to speak with the decision maker who entered or authorized this agreement and find out why they are not paying, and get them to start paying. Unfortunately, if that does not work you will have to make a legal claim. While that is a last resort, it doesn't always ruin the business relationship between the parties.

stevewlaw :

I am sorry you are having this difficulty. I wish you the best of luck. Please rate me positively. Thank you very much.

stevewlaw :

Good evening. I thought I would follow up with you and ask if you could rate me positively for my response. I would greatly appreciate it. Thank you.

stevewlaw :

You do know that I do not get paid for my efforts in assisting you until you rate my response positively. If there is any problem, please let me know. Thank you.

stevewlaw :

I wanted to follow up with you. I sincerely XXXXX XXXXX will rate me positively. Thank you.

stevewlaw :

Hi Adriana, there must be a way for you to "RATE" my answer in here. I thank you in advance for finding it! Steve

Customer:

Hi Steve, Many thanks for your answer.

stevewlaw, Attorney
Category: Business Law
Satisfied Customers: 200
Experience: 25+ years and millions of dollars in settlements in catastrophic personal injury, wrongful death, and commercial litigation.
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