Legal Question in Business Law in Florida

Hello,

I may not have asked or stated this question correctly.

I have a commercial customer that I service their pools, 1- 7 days a week, 2 Pools 5 days a week. I invoice at the beginning of the month. With a due upon receipt and 20 day grace period before late fees are applied. This has always been on my invoices. On numerous occasions over the last 4 years our invoices go 3-4 months without pay. I didn't push the late fee, because they would just tell me they got a new commercial accounts manager they are behind. Then all would be good again and we start getting paid on time. Usually right on the 20th of every month. They get a new manager almost every few months. Recently I started to apply these late fees. They did not pay them and instead sent an email stating that they pay after services are rendered so the late fees do not apply to them. This was never told to us when we were hired 4yrs ago. Stating that my February invoice would not be paid until March no late fees. Are they allowed to do this? They are a huge company. I have to supply all chemicals for their pools. I can not work this way. What are my options?


Asked on 3/01/23, 4:50 am

1 Answer from Attorneys
Frank Natoli Natoli-Legal, LLC

I assume there is a written agreement in place correct? If so, that has to be reviewed to determine whether they are in breach of the agreement or if you are outside the four corners of the document when you demand late fees.

If there is no written contract and you have no historical course of dealing where late fees were applied under similar circumstances then this might be an issue if you seek to apply them now.

If you have no written contract and you frankly want to change the way you do business with them, you might need to impose a written contract now. But of course, they may not accept the terms.

If you need clarification, feel free to contact me anytime that is convenient.

You can review our outstanding client reviews here: https://www.avvo.com/attorneys/authorized/10007-ny-frank-natoli-1791330#client_reviews

Kind regards,

Frank

www.LanternLegal.com

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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 3/01/23, 8:19 am


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