What is your take on this please.

[Crozzy]

1. New client contacts me and asks for an EICR. - Quote given and accepted, EICR performed, defects found, advice given.
2. Draft EICR issued as quotation accepted for remedial works, (Note:- If he had not accepted quotation, I would have issued a mastered EICR, and then A.N.Other could have completed his works)
3. Remedial works completed, whilst on site due to ongoing decoration, they broke a wall fan and asked me to replace, which I did.
4. All works completed, invoices (for remedial and extra work) issued, await payment with payment terms.
5. 50% of one invoice paid, 0% of other invoice paid. Then I receive an email stating upon receipt of the finalised EICR he will pay the remaining 50% and 100% of the outstanding invoices.
6. I did not agree to part payment for any work and/or invoices.
7. I stated that once I had received his payment in full, I would issue his mastered and satisfactory certificate. He thinks otherwise and states he is within his rights to with hold payment as he has no guarantee I will issue a certificate, my response was I have no guarantee that he will pay once he has the certificate.

Where do I stand on this one?

 

[littlespark]

If you have an email from him saying that he will pay in full after receiving EICR, then give him it.

If he doesn't pay, then you have proof that HE has broken the agreement, that HE made, and its down to solicitor or debt collector.

 

[Dartlec]

1. New client contacts me and asks for an EICR. - Quote given and accepted, EICR performed, defects found, advice given.
2. Draft EICR issued as quotation accepted for remedial works, (Note:- If he had not accepted quotation, I would have issued a mastered EICR, and then A.N.Other could have completed his works)
3. Remedial works completed, whilst on site due to ongoing decoration, they broke a wall fan and asked me to replace, which I did.
4. All works completed, invoices (for remedial and extra work) issued, await payment with payment terms.
5. 50% of one invoice paid, 0% of other invoice paid. Then I receive an email stating upon receipt of the finalised EICR he will pay the remaining 50% and 100% of the outstanding invoices.
6. I did not agree to part payment for any work and/or invoices.
7. I stated that once I had received his payment in full, I would issue his mastered and satisfactory certificate. He thinks otherwise and states he is within his rights to with hold payment as he has no guarantee I will issue a certificate, my response was I have no guarantee that he will pay once he has the certificate.

Where do I stand on this one?

If he's been burnt before I could maybe see some reason to agree in advance that some would be withheld before the certificate was issued (though 50% sounds too much), but if the second was for the remedial works that were quoted and agreed, then I would not consider that reasonable at all.

However, there is probably nothing you can do apart from as @littlespark suggests, which would then give you a very clear case to proceed with legal action (small claims court I'd guess) if he didn't follow his stated intentions.

If you have clear terms and conditions in your quotations etc then you would be within your rights to demand more payment before issuing the certificate, but whether it's worth the hassle is up to you.

Maybe you could issue the certificate with a 'draft' or similar watermark across it if your software allows that, so that he can see it exists, but might struggle to use it for it's intended purpose to show anyone else (assuming it's for PRS scheme).

 

[Des 56]

My memory of the attitude of the schemes to EICRs and payment is the EICR must not be used (retained)as a bargaining tool in lieu of payment
What leverage that leaves us with I don't know

 

[Crozzy]

If he's been burnt before I could maybe see some reason to agree in advance that some would be withheld before the certificate was issued (though 50% sounds too much), but if the second was for the remedial works that were quoted and agreed, then I would not consider that reasonable at all.

However, there is probably nothing you can do apart from as @littlespark suggests, which would then give you a very clear case to proceed with legal action (small claims court I'd guess) if he didn't follow his stated intentions.

If you have clear terms and conditions in your quotations etc then you would be within your rights to demand more payment before issuing the certificate, but whether it's worth the hassle is up to you.

Maybe you could issue the certificate with a 'draft' or similar watermark across it if your software allows that, so that he can see it exists, but might struggle to use it for it's intended purpose to show anyone else (assuming it's for PRS scheme).

Which is exactly what I do, issue a draft, agree (If im doing them) the remedial, then once he has paid up issue a mastered certificate.

 

[M-B-Electrical-Services]

I always provide the master to my clients regardless of whether the invoice has been paid. It is all about trust at the end of the day and if you go down the route of withholding certs due to waiting on payment, it leaves a sour taste in the mouth of the client as they feel you are not trusting of them to pay. Don't get me wrong, there are some unscrupulous people out there who are willing to not pay but you have to use your instinct on that one.

I have never not been paid (I've had very late payers though but that's a different story).

It's all a learning experience at the end of the day and you will get burned one day but it's all part of the messy thing they call life.

 

[catdog1121]

Technically until all the required paperwork is provided then the job is not complete so it could be argued that you have not provided the service requested so money could rightfully be withheld.. Just issue the certificate, most people pay and getting into these sorts of arguments does not help your business...

 

[bigspark17]

I dont get why some sparks are holding reports back intil they receive payment, its just going to get peoples backs up! If they dont pay its not the end of the world. Do your job send invoice and eicr at price agreed. Ive not had 1 not pay to date.

 

[davesparks]

I dont get why some sparks are holding reports back intil they receive payment, its just going to get peoples backs up! If they dont pay its not the end of the world. Do your job send invoice and eicr at price agreed. Ive not had 1 not pay to date.

I was advised a few years ago by an NICEIC assessor that handing over certificates is a contractual matter and they can/should be held until payment is received (having made this clear befire starting).

An EICR however is a report and would be issued prior to receiving payment as the job is to produce the report.

 

[davesparks]

7. I stated that once I had received his payment in full, I would issue his mastered and satisfactory certificate. He thinks otherwise and states he is within his rights to with hold payment as he has no guarantee I will issue a certificate, my response was I have no guarantee that he will pay once he has the certificate.

Where do I stand on this one?

You seem to be mixing up two different sets of paperwork here.
The EICR should be issued once it is complete along with the invoice and quote for the remedial work. The job you are being paid to do is to complete the EICR so it's fair to only expect payment once that job is done.

For a new customer I would probably wait until payment for the EICR is received before starting the next job which is the remedial work.

The certificate(s) for the remedial works on the other hand can l would hold until payment is received (subject to this being made clear in advance) as they are a contractual matter. The job you are being paid to do here is carry out the remedial work. Certificates and notification would be completed as soon as the job is done of course.