Q&As

Can a party rely on a disputed invoice clause (ie which states that all invoice disputes should be raised within five business days) where the paying party has been overcharged for a service over a period of several years but has only just become aware of the overcharging?

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Published on LexisPSL on 29/07/2020

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • Can a party rely on a disputed invoice clause (ie which states that all invoice disputes should be raised within five business days) where the paying party has been overcharged for a service over a period of several years but has only just become aware of the overcharging?

Can a party rely on a disputed invoice clause (ie which states that all invoice disputes should be raised within five business days) where the paying party has been overcharged for a service over a period of several years but has only just become aware of the overcharging?

The clause in question should be considered to understand what the parties have expressly agreed and what its effect (or any failure to comply) is.

See Practice Note: General rules of contract interpretation—summary and the content available in: Formation and interpretation—overview, which you may find useful in your research.

An example of a clause that provides for parties to raise disputes in relation to invoices and the intended consequences can be found at clause 1.8 of Precedent: Payment clause—commercial contracts.

Where the effect of the

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