Legal Question in Business Law in Colorado

Contract Question

I have a business and one of my vendors is telling me that he mistakenly invoiced me over the past year and that his bills to me were less than what his contractual right was to charge.

Because of his error, he is telling me that I owe him an extra $6,000.

If he made the error in invoicing me, and accepted my payment on these lower invoices, do I have a legal obligation to pay him this money?

I was unaware of any problem, and assumed that I was being billed correctly.

Thanks


Asked on 2/09/09, 12:39 pm

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

Re: Contract Question

If the contract provides the correct amount and you, even by accident, were not billed for that amount, they have the legal right for the contractual amount due.

This would be absent an accord and satisfaction or other waiver. Essentially, if you don't pay as due under the contract they can sue you for breach and they have several years to do so.

Try to work out some amicable agreement.

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Answered on 2/09/09, 4:01 pm


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