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Old 09-26-2013, 06:57 PM   #245
Locke
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Quote:
Originally Posted by Potty View Post
I still owe him that money, I can't just pay it to someone else. He just has to live up to the terms of our agreement to collect it, which are very much industry standard and not at all onerous. If he chooses not to, which he is willingly doing, that's not my problem.
Two things.

1. It is not at all uncommon to require a subcontractor to be GST registered or even incorporated and it is required to be included on any invoice the contractor submits. Look at any invoice or receipt, the company's GST number is on it somewhere.

2. The company should have had his GST/Business Number on file before any contract was signed. Hell, its supposed to be included IN the contract. If it wasnt there can be a claim that the contract is invalid. So the company either didnt do, or didnt stick with it's required due diligence by having him perform the work anyways.

If you cant pay the guy because he doesnt have or wont provide a GST/Business number then both parties are at fault because if it was a stipulation of the contract then he should have been deemed ineligible to be granted that contract on those grounds.

I can see a big shout here that the contract is invalid because he shouldnt have been eligible to receive it and the company doesnt have the required information to see it fulfilled.
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