payments during defect Liability period

[George Smiley]

3 parties:

Party A: Contractor
Party B: Consultant to party B
Party C: Client (implementing agency)

Contractor signed agreement with consultant to help them with bids and eventually win a contract (project)

Contractor paid percentage (as per agreement) to the consultant for winning the tender and services rendered.

Few months after the last payment was made by the contractor to the consultant, the client (implementing agency) decided to add/extend more work to the contractor (in the same project) with significant additional money.

Is the consultant entitled for payment from the contractor in this additional work?

I should point out that agreement between Contractor and Consultant states that, the consultant will assist them with technical and other matters related to the subject project, till end of the project, including defect liability period (which has not ended).

 

[Mr D]

Stick the entire agreement and circumstances in front of a solicitor and let them work it out.

 

[Chris Ashdown]

The wording of the contract and any other correspondence is the key to your question, which we have no knowledge of

 

[Big G]

3 parties:

Party A: Contractor
Party B: Consultant to party B
Party C: Client (implementing agency)

Contractor signed agreement with consultant to help them with bids and eventually win a contract (project)

Contractor paid percentage (as per agreement) to the consultant for winning the tender and services rendered.

Few months after the last payment was made by the contractor to the consultant, the client (implementing agency) decided to add/extend more work to the contractor (in the same project) with significant additional money.

Is the consultant entitled for payment from the contractor in this additional work?

I should point out that agreement between Contractor and Consultant states that, the consultant will assist them with technical and other matters related to the subject project, till end of the project, including defect liability period (which has not ended).

Hi George, as the others have said above, it is difficult to give you an exact Yes or No answer without seeing the contents of the agreement. However, based on what you have detailed only I would think that the Consultant does have a valid claim to the percentage of any funds earned from the contract. Unless it specifically states otherwise.