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Terms and conditions breach dispute
Hello I would be very grateful for any legal views or case law on this please . I will simplify the issue but it is essentially this. We entered into a building contract. Clients terms and conditions said we are not allowed to use sub contractors. We used them. We did the work, then client provided evidence to show we used sub contractors and refused to pay for any of the work. Their terms and conditions do make it clear that a breach means they can terminate/rescind the contract. However, here is the other part. We have since found out that they knew we would use sub contractors BEFORE they entered into the contract with us.
So the general question is, if a client knows about a terms and conditions breach on the contractors side, but doesn't raise it as an issue and still knowingly enters into a contract, are they then allowed to use those terms and conditions to claim a breach and not pay? Seems very sneaky?
So the general question is, if a client knows about a terms and conditions breach on the contractors side, but doesn't raise it as an issue and still knowingly enters into a contract, are they then allowed to use those terms and conditions to claim a breach and not pay? Seems very sneaky?
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