Invoice for cancellation of work

[SG2711]

I'm looking for some advice on a situation I've recently incurred. I sent a statement of work to a client I have previously done business with as part of a planned maintenance schedule. The client has received the SOW, along with implied terms, one of which is "If the work has been confirmed and we are unable to proceed due to circumstances relating to the client, 50% of the days charge will be invoiced to the client.
This charge is to cover labour and transport costs."

The client cancelled on Saturday evening with less than 24 hours notice, after giving a thumbs up emoji confirming we were ok to proceed with the works via Whatsapp. Whilst not explicitly cancelling the work, they said they wanted to push it back (no date given and they're not forthcoming in communicating)

Would this count as entrance into a contract and are the terms enforceable?

 

[fisicx]

But you are able to proceed. Just not yet. There is a crucial clause missing from your terms: ‘…on the agreed date’.

Did the client sign and return the terms?

Talk to the solicitor who drew up your terms document.

 

[Newchodge]

I'm looking for some advice on a situation I've recently incurred. I sent a statement of work to a client I have previously done business with as part of a planned maintenance schedule. The client has received the SOW, along with implied terms, one of which is "If the work has been confirmed and we are unable to proceed due to circumstances relating to the client, 50% of the days charge will be invoiced to the client.
This charge is to cover labour and transport costs."

The client cancelled on Saturday evening with less than 24 hours notice, after giving a thumbs up emoji confirming we were ok to proceed with the works via Whatsapp. Whilst not explicitly cancelling the work, they said they wanted to push it back (no date given and they're not forthcoming in communicating)

Would this count as entrance into a contract and are the terms enforceable?

How can someone receive implied terms?

 

[SG2711]

How can someone receive implied terms?

It's all rolled into the quote/statement of work rather than a standalone document. Just a paragraph.

 

[fisicx]

It's all rolled into the quote/statement of work rather than a standalone document. Just a paragraph.

It may not be legally binding as it’s just a quote. Unless you have signed agreement. A WhatsApp emoji isn’t.

 

[SG2711]

But you are able to proceed. Just not yet. There is a crucial clause missing from your terms: ‘…on the agreed date’.

Did the client sign and return the terms?

Talk to the solicitor who drew up your terms document.

No. There is no standalone terms document. Just a paragraph in the quote stating the above. No acknowledgement from the client via email, only a thumbs up from whatsapp

 

[Newchodge]

It's all rolled into the quote/statement of work rather than a standalone document. Just a paragraph.

Please quote it specifically.

Also, on what legal basis have you sent the Statement of Work( never heard of one of those, but never mind).

On what legal basis can you prove that thumbs up on Whatsapp (i) referred to the STatement of Work and (ii) meant go ahead with the work, rather than, for instance, thanks for sending this, I'll have a look.

 

[fisicx]

No. There is no standalone terms document. Just a paragraph in the quote stating the above. No acknowledgement from the client via email, only a thumbs up from whatsapp

Which could mean anything (as @Newchodge suggested).

A SOW is just a schedule. It’s not a contract. I think you will lose any legal argument. Get your solicitor to review things.

 

[WaveJumper]

As a lawyer once said to me you can call a fork whatever you like but it's still a fork, in the same way a contract is a contract. ie a document with contract written across the top and signed by all at the bottom ....... something cast iron which you can fall back on when the crap hits the fan & would stand up in a court of law if required.

Pretty sure a judge is not going to be impressed with a thumbs up emoji

 

[SG2711]

Hmmm.... Based on what people are saying this sounds like it has been a frustrating and somewhat costly lesson to learn.

 

[Lisa Thomas]

Not the same here, but reminded me of this case involving a thumbs up emoji being accepted by the court as a valid signature: https://www.wfw.com/articles/thumbs...st-terminal-ltd-v-achter-land-and-cattle-ltd/