agreement

[mcelweec@gmail.com]

I entered into a payment agreement with a customer in February with July being the last monthly payment.The customer just handed me a backcharge for an accidental breakage which was billed to them in January.Not knowing this I even gave them a small discount when entering into the agreement,I was wondering can they legally do this as this occurred prior to the agreement.

 

[480sparky]

Did you break something?

 

[mcelweec@gmail.com]

my foreman broke a large mirror which the customer had replaced,but it took 6 months for them to mention the backcharge.

 

[macmikeman]

Pay it to save a hassle. Then build it into the next job you do.... All but six my friend..... you need six to carry your coffin.

 

[wawireguy]

I worked for a company that had a clause in their contracts about not putting outlets in mirrors for just that reason.

 

[Split Bolt]

The REAL concern here is the 7 years of bad luck!

 

[hardworkingstiff]

you need six to carry your coffin.

They can just torch me.

 

[480sparky]

I worked for a company that had a clause in their contracts about not putting outlets in mirrors for just that reason.

He didn't say he was putting an outlet in it........ he just broke it.

 

[macmikeman]

They can just torch me.

I'm an Irish Mick. My dad told me that one, I'ts a family thing....

 

[Rewire]

I entered into a payment agreement with a customer in February with July being the last monthly payment.The customer just handed me a backcharge for an accidental breakage which was billed to them in January.Not knowing this I even gave them a small discount when entering into the agreement,I was wondering can they legally do this as this occurred prior to the agreement.

No good deed goes unpunished

 

[GUNNING]

If it was prior to the agreement I would go start mediating at current value of the broken mirror.
You are not responsible for breakage prior to an agreement. Thats why they call it an accident.

 

[growler]

I was wondering can they legally do this as this occurred prior to the agreement.

Pay it to save a hassle. Then build it into the next job you do....

This us just my opinion, I admit that I know nothing about the law expect for the many laws that I have personally broken.

Unless they are covered in the terms of a contract then back-charges are not really all that legal. They become legal when both parties are willing to accept the compromise. In my opinion back charges are a form of informal arbitration which must be agreed to by both parties to be legal.

If they bill you and you accept the charges and pay them then it's admitting that you think you owe them money and thus it is then legal.
On the other hand you do have the right to argue the case as to why you should not pay, either in court or informally.

You still have the option to pay the charges, make a counter offer to pay some less amount or to refuse to pay alltogather. Whatever you do make sure that you get some sort of receipt showing that the matter is now settled ( signed ) and then things will be legal.

 

[nakulak]

unless they are raping you on the mirror, why wouldn't you pay for it ? Let your guys know it's coming out of your paycheck and you aren't real happy about it.

 

[satcom]

This us just my opinion, I admit that I know nothing about the law expect for the many laws that I have personally broken.

Unless they are covered in the terms of a contract then back-charges are not really all that legal. They become legal when both parties are willing to accept the compromise. In my opinion back charges are a form of informal arbitration which must be agreed to by both parties to be legal.

If they bill you and you accept the charges and pay them then it's admitting that you think you owe them money and thus it is then legal.
On the other hand you do have the right to argue the case as to why you should not pay, either in court or informally.

You still have the option to pay the charges, make a counter offer to pay some less amount or to refuse to pay alltogather. Whatever you do make sure that you get some sort of receipt showing that the matter is now settled ( signed ) and then things will be legal.

I can't understand just what the issue is. we are licensed and insured contractors, if we do any damage, we are covered with insurance, if it will not meet the covered amount we pay the difference, but either way we report every claim, to avoid bigger problems down the road, letting your carrier settle, is the safe and smart way to avoid future problems.

How is damage a charge back?

 

[growler]

The customer just handed me a backcharge for an accidental breakage.

How is damage a charge back?

I assume that this is being handled as a back charged item and that the customer is holding up payment (new payment agreement) because no settlement was reached earlier.

The OP said that he gave the customer a discount on the job, it's obvious that he didn't reference this discount as covering the cost of the mirror.

I agree that he could have turned this in as an insurance claim but even if he had paperwork showing that the customer was willing to take a discount as payment for a broken mirror then that's normally the end of it.

What I'm saying is that if I run over your dog with my car and I get you to sign a paper saying that you are willing and agreeable with accepting a cat as payment that's normally good enough. Any sort of agreement entered into by two people of their own free will is normally legal and binding( if no laws are being broken by the agreement ).