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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 33150
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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We performed services for the US Veterans Association as a subcontractor. Our subcontract

Customer Question

We performed services for the US Veterans Association as a subcontractor. Our subcontract agreement requires payment of invoices when our client is paid by the VA. The client owes us $58,000 and has been paid for the work. Despite repeatd emails, phone calls, etc. the client has not paid. We area LLC in South Carolina and our client is a North Carolina company.
What are the best and lowest cost steps to recover our money? I cannot get the client to respond to any form of communication.
Submitted: 6 years ago.
Category: Business Law
Expert:  Dwayne B. replied 6 years ago.
Is the USVA a government organization or private? What type of work did you do?
Customer: replied 6 years ago.

The USVA is the Federal government Veterans Association.

 

We are an engineering consulting firm. This job was to support the VA in a claim agaist it by a contractor. We reviewed the techncial specification, provided a report, and reviewed the claim. One of our employees reviewed site documents, and withnessed depostions and was the governments expert witness for the hearing. The claim was for additonal work that the contractor claimed he shoud be paid.

Expert:  Dwayne B. replied 6 years ago.
I'm not familiar with the Veteran's Association only the Veteran's Administration.

Your only option under those facts is to sue the contractor directly. Theoretically you could sue the VA as well, but 1) they likely have sovereign immunity under these facts and 2) the contract was with the contractor and not the sub-contractor.

You can recover your damages, interest, and attorney's fees.

The lawsuit can be brought where the contractor is located or where all or a substantial part of the contract was performed, although if you try to bring the lawsuit somewhere other than where they are located they will likely challenge it and the judge will have to make a decision.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

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Customer: replied 6 years ago.

Can you give me an idea of the time and appoximate legal costs (or hours) to pursue a case like this. I realize that it can vary quite a bit.

 

Also, what resources of the client would be available for payment, future revenue from other projects, assets, such as buildings, vehicles, etc.

Expert:  Dwayne B. replied 6 years ago.
My best guess is 24-40 hours or so. It sounds like it would be a one day trial and generally, very generally, you spend about 3-5 hours outside of court preparing for every one you spend in court. Legal fees can range from $125 per hour to $350.

Almost any resources are available since it is a company. Equipment, A/R, bank accounts, etc.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.