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Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 1943
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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Hi. We have completed work on a property for the aunt of the

Resolved Question:

Hi. We have completed work on a property for the aunt of the architect. The invoices for additional work were itemised and submitted on an ongoing basis while the contract was progressing and not questioned at the time. The total sums invoiced of part contract and part extra work were paid at the start. Now that the job is complete ( all are happy with the quality and finishes) he is disputing almost everything. ' Did not pay any of the additional work, only sums off the contract.' Putting a pen through some of the items, dividing others in half etc,etc. We have paid some of our subbies and have a tax liability for RCT which we have final demands from Revenue. We have creditors who would like to be paid. the first invoice is 6 months old. The whole job is finished to 'Practical Completion' nearly 3 months. How do I get paid? By the end of the week if possible!!!!!!
Thanks in anticipation.
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 3 years ago.
It sounds like you need to have your solicitor write a seven day demand notice immediately advising that you will issue proceedings if you are not paid. However I suspect that you will ultimately need to issue proceedings through the Circuit/District Court (depending on value of work) in order to get paid the balance. Even at that he may still not pay and you may need to register a Judgement mortgage on the property for the value of the judgement.

You need to go to your own solicitor and write a demand letter as soon as possible. However I would say it is very unlikely that this will be resolved by the end of week. It may well take several months if you are in dispute
Customer: replied 3 years ago.
Can I change the locks and keep them out of the building? He has not signed off on the work, technically still under our site insurance, could we restrict their access because it is still a site under our supervision? Contract states intrim payment in 4 weeks, and certify payment within 14 days of Practical Completion. This is obviously of little use?
Expert:  Ronan replied 3 years ago.
You can if you are still on site and in Possession.They would then need an order for repossession if you were maintaining it was a site. You do however run the risk of the matter being report to the gardai and possible charges arising
Customer: replied 3 years ago.

I assume a judgment mortgage on the property is the same as a lien in that it prevents the sale or disposal of the asset until the debt is extinguished?

Ronan thank you for your answers. They are confirming what I suspected.

 

Expert:  Ronan replied 3 years ago.
A Lien doesn't do those thing but yes a judgement mortgage it will prevent sale or remortgage of the property being complete without the discharge of the debt.
Ronan, Solicitor
Satisfied Customers: 1943
Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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