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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33010
Experience:  Award winning lawyer with over 15 years experience
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My company supplied and installed specialist glazing

Customer Question

My company supplied and installed specialist glazing products to a project in London. We now have 5 outstanding invoices awaiting payment and a further 2 more that would have gone in last week. The value of the 5 invoices is just under £30K, and a further 2 more would have added another £15K. The agreed payment terms were 25% deposit; 55% when materials are ready to be delivered; 10% upon inspection at site; 5% after 50% completion of installation; 5% payable upon handover ... there is also a 5% retention and where 2.5% is returned upon hand over. We have completed approx. 70% of the contract and the remaining 30% have a multitude of issues with the formed openings provided by the builder. We stated to the builder that once all the remaining structural openings are made good we will continue in one site visit. This we think is very fair to ask, as the builder is yet to sign off (4-weeks and no reason) previous day works sheets and its payment. The builder is forcing us to continue saying we are refusing to attend site (which is totally not true) and not prepared to pay our outstanding invoices. We found out last week that the builder has started to use our materials - not paid for, to progress the works. We are therefore seeking an Emergency injunction to stop the builder from continuing with our works and using our materials. We are a small company and being unfairly treated by the builder, who seems to think that they can obfuscate the truth and run rough shod over us...... please HELP.
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.

Let me see if I can help. I would agree that they appear to be attempting to delay matters so that they can either renegotiate or avoid paying you at all. If you can not talk with them then I would be minded to threaten to take them to court for the full sum outstanding. I would get a solicitor to write to them immediately and threatening immediate legal action. Yes you can apply for an injunction but I am not clear how this would assist in you getting your money and as a business this should be the priority. Happy to discuss. Please rate positive