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Legal advice - Subcontractor specific
Do we have any lawyers, solicitors/legal advisers amongst us?
I'm a subcontractor, and have been for the past 4 years. I trade under my family trust (trading as blah blah blah pty ltd..). My wife and I both subcontract through my family trust to multiple construction/oil and gas companies across Australia, and in general, these companies contract to the principal. In this case we were contracting to company "A" on the construction of an Iron Ore mine south of Karratha. Company "A" is contracting to a construction/project management company (MCC Mining management) who have been employed by Citic Pacific Mining (basically the Chinese government) to manage their project. Some of you who keep up the goings on in the industry my have read about the disputes up there. Long story short, "company A" is refusing to pay an invoice. The refusal to pay is not anything to do with my quality of work, or a down fall on my behalf, but simply because their client is not paying them. I believe "company A" when they say the will pay me the outstanding amount when they have the means. What I'm looking for information/advice on is my position in regards to compensation for incurred cost due to not receiving payment on time (14th of the month according to the contract). For example, bank fees for late/no payments etc. Not only this, but what about thing like my credit rate and my repore with financial institutions and creditors. Or is it a case of "You're a subby, that's why you get paid shit loads" or "that's what your income protection insurance is for..." Thoughts, advice? Cheers
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advice, legal, specific, subcontractor |
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