How to collect on serviced performed?

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How to collect on serviced performed?

Completed a quote for a company. They accepted the terms of the quote in an email. The estimated number of working days was 12 however it took 24 days. No contractual agreement was signed by either party. Payment was made for initial 12 days. Now we are trying to get payment for the invoice for the remaining 12 days and are having difficulty doing so. Client has said that there was no contractual agreement and feels that they are not obligated to pay for the remaining 12 days. What is the best route to receive full payment?

Asked on January 23, 2014 under Business Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The only way to get paid, if they won't pay voluntarily, is to sue them for the money and win. It may be difficult if the only thing in writing says that the service would be for 12 days, not 24...much depends on the exact terms of the service, what the service was, how well you can show that the client must have known of and agreed to the additional time, etc. There are cases where you would prevail for the extra time--and also cases in which you would not, when faced with a paid written agreement for only 12 days. You may wish to settle for something less than the full 12 extra days, if you can convince them to pay maybe 4 - 6 or 8 days, to avoid the uncertainly of litigation.


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