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-   -   Independent contractor sue an employer for not paying (https://www.askmehelpdesk.com/showthread.php?t=521039)

  • Oct 28, 2010, 02:25 PM
    csharper
    Independent contractor sue an employer for not paying
    I am an I.T. independent contractor. It is now more than 30 days and have not been paid.
    I am contracting for company 'A'. Company 'A' has a contract to company 'B'. Company 'B' has a contract with company 'C'. My contract is strictly with company 'A' and states that they will pay upon company 'C' acceptance and approval of work. Company 'C' did approve of work. Company 'A' say they can pay me until company 'B' pays. I argued with company 'A' that is not my problem and that my contract is with them, and not with the other parties. I want to sue company 'A' for non-payment.
    What are the steps necessary and can I sue for lawyer's fee as well. Thanks
  • Oct 28, 2010, 02:39 PM
    ebaines

    Speak to a lawyer about how to file a breach of contract suit against Company A. Most likely the first step is for your attorney to write a sternly written letter to to Company A threatening a lawsuit if they don't pay up - that may just do the trick. This may cost you a few hundred $$, which you can't recover unless you actually sue for damages. Given the expense I would advise waiting another 30 days or so before going that far.
  • Oct 28, 2010, 05:43 PM
    Fr_Chuck

    Well first and to be frank, most bills that are payable by a business in 30 days seldom get paid in 30 days, 60 to 90 days to get payment is not unusual on what is suppose to be 30 days.

    But if you do wish you may sue ( but then I would expect they will not want to use you for a contract again)

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