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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22977
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Two companies work closely together, and and have similar

Customer Question

two companies work closely together, and and have similar names. Both companies have done work for the same client at the same time at the clients request. Neither company has asked the other to do work on the clients machine. The client arranged the jobs separately himself with each company. The client now disputes both companies invoices on the basis that he is not satisfied with the work of one of the companies and claims that both companies are responsible for the others work on the basis that they look to be the same company.
The two companies issued separate invoices for the work carried out.
So can he hold the separate identities jointly responsible ? We both have repeatadley told him we are not the same, but he refuses to listen.
If he pays the wrong company is it ok for the incorrect recipient to simply pass the paid funds directly to the intended recipient ?
We think all this ducking and diving is just a no pay strategy. What do you think ?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

It may be a device to avoid payment so if this goes to the Tribunal both companies will need to be there and take the referee through the invoices to show which company is owed money and how much. Then the customer will need to prove the work was faulty. So if he pays the wrong company they should reject anything not actually owed but to the other company. If the money is passed over between the companies this may show he has paid the first company whereas he owed the second