Professionals, attention: to be paid, it is necessary to prove the order

MIL OSI Translation. Government of the Republic of France statements from English to French – Credits: © ONYXprj – Fotolia.com

A service provider must prove that he has received an order or has carried out the work with the client's consent. If not, he may not be able to demand payment. This is recalled by the Court of Cassation in a decision of 5 April 2018.

The owner of an excavator had used a mechanical repair company. Having found an oil leak on a reducer, the company had transported it to his workshop. During disassembly, she had also identified a malfunction on the roll cage and proposed to repair this part to the customer. He had noted the status of the equipment on site but had not signed a purchase order for this additional repair, carried out without his written consent.

The company then claimed payment of 2 invoices for this additional work, which the client had refused to pay. He argued that he had not ordered the work invoked, but only the repair of the oil leak, the price of which he had paid.

Justice has proved him right. For the Court of Cassation, the one who claims the payment of work on an object that has been entrusted to him must prove the client's consent.

EDITOR'S NOTE: This article is a translation. Please forgive us should the grammar and / or sentence structure not be perfect.