Payment without timesheets

A company supplies a person to an agency and the person works at the agency's client. Is payment dependent upon timesheets being supplied to the agency when all parties accept work was carried out?

We supplied a consultant to an agency.

The consultant was then supplied to an end client. Work was carried out for 1 year. The contracts were extended for a further 1-month. Work was carried out and contracts came to an end.

We discovered the agency provided the services of the consultant to the end client via another company the day after contracts ended with us. (We had a verbal agreement this would not happen, but not in writing - unfortunate in hindsight)

We complained. The consultant refused to supply us with a signed timesheet. We sent the agency our invoice without the timesheet explaining the reason. All parties agreed work was carried out.

The agency refused to pay us stating contracts stipulated "Timesheets and invoices should be rendered to the Company as soon as possible, and no later than within six weeks of the services being carried out. Any delays preventing submission of timesheets must be advised to the company".

Later, it transpired that the consultant submitted the final timesheet to the agency directly and the agency paid his new company, depriving us of payment.

The contracts were with our company and the contracts were executed to completion.

Do we have a right to be paid the full invoice amount without the signed timesheets?

Can we argue the agency colluded with the consultant to defraud us?

Can we claim interest under the Late Payment Of Commercial Debt

Interest Act, 1998?

Any advice appreciated.

Thanks

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