Reimbursement Money Being Withheld
South Carolina:
I was contracted by a company to perform services at a location that required travel. Quote was submitted stating that travel expenses would be charged additionally and was accepted. Services were performed and a final invoice was sent including the travel expenses. The contracting company states they will pay for services rendered, but will not reimburse travel expenses due to a violation of terms and agreements. The specific term in question was provided in an email in addition to the terms in the original signed contract and reads:
"Mileage is paid with the submission of a mileage log within 10 business days of the trip."
According to their interpretation of the terms, the mileage log was submitted on Day 11 when in actuality I thought the log was submitted in time (differences in determining 'Day 1'). The 10 business days timeframe also occured during the holidays complicating the situation.
My questions are:
1) Do they have the right to withhold this money even though no "damages" were incurred?
2) All services and other terms were properly fulfilled and the late submission was completely unintentional -- Does the Doctrine of "Substantial Performance" apply in this case?
3) Essentially, the Contracting Company benefited monetarily (they billed their client for these travel expenses) because of a violation of terms. Is this permissable? If not, is there anything I can do about it?
Thanks in advance for your help!!
Todd
South Carolina:
I was contracted by a company to perform services at a location that required travel. Quote was submitted stating that travel expenses would be charged additionally and was accepted. Services were performed and a final invoice was sent including the travel expenses. The contracting company states they will pay for services rendered, but will not reimburse travel expenses due to a violation of terms and agreements. The specific term in question was provided in an email in addition to the terms in the original signed contract and reads:
"Mileage is paid with the submission of a mileage log within 10 business days of the trip."
According to their interpretation of the terms, the mileage log was submitted on Day 11 when in actuality I thought the log was submitted in time (differences in determining 'Day 1'). The 10 business days timeframe also occured during the holidays complicating the situation.
My questions are:
1) Do they have the right to withhold this money even though no "damages" were incurred?
2) All services and other terms were properly fulfilled and the late submission was completely unintentional -- Does the Doctrine of "Substantial Performance" apply in this case?
3) Essentially, the Contracting Company benefited monetarily (they billed their client for these travel expenses) because of a violation of terms. Is this permissable? If not, is there anything I can do about it?
Thanks in advance for your help!!
Todd
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