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25

Can my accountant bill me for previous work he agreed to perform for free? No. The difficult part will be for you to prove that he agreed to do the job for free. Hence the importance of having this kind of "gentlemen's" agreements in writing. You have the burden of outweighing --even by means of circumstantial evidence-- the common presumption that ...


16

So the first thing would be to send an email to the accountant if that is really a road that he wants to go on, because he is going to lose your commercial business, and it is unlikely that he will get any money from you personally. If he wants to go there, you should probably get a lawyer. Good lawyers not only know the law and can give you legal advice, ...


6

"One day and that day may never come" If a company never invoices me, am I obligated to do anything? No (given that they know how to contact you i.e. you are not evading being invoiced). That said, you will still owe the money. When/if they ask it to be paid, you will need to pay. But there is no need to proactively bug them to take the payment. Until ...


3

From your account, you seem to have entered into a verbal contract for this extra work to be done without agreeing a price. According to this article, Canadian courts will assume that a contract contains "implied" terms "on the basis of the presumed intentions of the parties where necessary to give business efficacy to the contract". To ...


3

Give the contract language now included in the question, it seems that payment is not due until after the invoice is submitted. I don't see any obligation on the homeowner's part to prompt the contractor to submit the invoice, nor to pay until it is submitted. It might be well to keep a sum reserved so that a late invoice will not find the homeowner with a ...


2

That depends on what is in the contract for the job, and on the state of the job. If the agreement was that you would pay when the job was complete, you are obliged to do so (assuming that it now is complete) or at least offer to do so, and 'thy didn't send me a bill would not be an excuse. But if the agreement is that you will pay on receiving a final ...


1

It depends on the type of invoice/bill. For a credit card bill, the federal Credit CARD Act requires the due date to be at least 21 days after billing (delivered or made available online). Additionally, while a due date may be indicated on the bill, a late payment cannot be reported to the credit reporting bureaus until it is at least 30 days past due. ...


1

Do I have any legal obligation to pursue this invoice? To call them and ask about it? This sounds confusing. If the contractor "literally forgot to do part of the project", then the job is not done and therefore the latter payment is not due yet. That being said, under contract law you have no obligation to pursue the invoice unless the contract provides ...


1

In general, would a firm need some license to factor international invoices? Sure it's a form of financing, but the operation involved is literally purchasing invoices... Would the factor need some financial service license in the country where the invoice is issued to? Or maybe some import/trade license in the country where the invoice is ...


1

Your interpretation of the EU law is correct, Art. 27 says The consumer shall be exempted from the obligation to provide any consideration in cases of unsolicited supply of goods, water, gas, electricity, district heating or digital content or unsolicited provision of services, prohibited by Article 5(5) and point 29 of Annex I to Directive 2005/...


1

Should the recipient pay the undisputed amount in the mean time? Or does payment of the undisputed amount imply acceptance of the wider charges of the disputed invoice? Timely payment of the undisputed amount prevents the service provider from rightfully alleging breach of contract. Customer's payment under the terms he agreed upon does not indicate his ...


1

what recourse does the recipient of the invoice have to rectify the issue? Why does the recipient need “recourse”? They have not at this point suffered loss needing recourse. how can the recipient move forward to a satisfactory resolution from a legal standpoint? Assuming the recipient in happy with the status quo, why would they do anything? Should ...


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