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Attorney Arcadier
Attorney Arcadier, Attorney
Category: Business Law
Satisfied Customers: 1106
Experience:  Contract questions and Incorporation questions answered.
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I am self employed as a computer technology consultant. My

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I am self employed as a computer technology consultant. My client hired my under both a support (monthly) contract and hourly for work unrelated to support. I have been installing a new system for them. I could not come up with a qoute to estimate as they have an old system Im migrating them from and various unforeseen issues did arise. When starting to ask for pre-approved hours in blocks, client "we approve whatver it takes to get the job done" I have worked about 50hrs and am ready to cutover after building this new system. Tonight I learn the client put a hold on the cutover and heard from someone else that they are shopping for new IT. My concern / question is that it seems they may refuse to pay for my hours and are looking for another IT company, just in case. How do I prove to a court how much time I spent and the agreement to do such work from client. I see the client just one day - maybe tommorow just tell me to stop and go away- I'll never get paid unless I take them to court. Any suggestions?
Submitted: 4 years ago.
Category: Business Law
Expert:  Attorney Arcadier replied 4 years ago.

Attorney Arcadier : This type of issue happens quite commonly and there are many ways to prove it. Certainly, the law requires payment for all hours worked. But, you are right, a plaintiff of course must prove the hours he or she worked. But when it comes to proving wage claims, the law provides that the employer bares the burden to keep accurate time records. If employer can not produce the time records, then your own testimony of how many hours you worked is enough to prevail.
Customer: replied 4 years ago.
Th client is not my employer- paying me wages. I am their IT service provider that have a yr contract with them to provide support services. They will probably try to break contract and not pay my 50hrs of time. Who has burden of proof for my 0hrs - me or them?
Expert:  Attorney Arcadier replied 4 years ago.
you are still earning wages, whether as a 1099 or w2. The classification is irrelevant. Plaintiff always has burden of prove, but if employer did not record the time, then your testimony trumps their lack of evidence. How will they show you did not work what you swear under oath to be true?
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Customer: replied 4 years ago.
I heard from client and they want an invoice for the hrs I spent on this project. How can I word the invoice in such a way that its tied to the support contract? I have a 1 yr support contract that they pre-pay 6 months and next month 2nd payment is due. I can only charge the dicounted amount becuase they are under a support contract. If they break that contract I can't offer teh discount and expect to be paid for the balance of teh year in support fees and the undiscounted amount for the project I'm finishing.
Expert:  Attorney Arcadier replied 4 years ago.
"Pursuant to the Contract, attached is an invoice for hours owed ..."
Customer: replied 4 years ago.
I got email from client saying "we are authorizing absolutely no more work at this point." They put a stop on my project where I did so much work in a project at a discounted fee pursuant to contract. This client response seems to read they do not want me to provide IT support and want to break the support contract. What should I reply back to them to clarify in legal terms- 1) they stopped the project as soon as we were ready to rollout and show the fruits of our labor( its like building a car in a garage then using the argument why should I pay I don't see a new car on the road), 2) the appear to want to break support contract, how do I call them on it? 3)"pursuant to the contract I gave them discounts" that if they break contract I want the full price for my services.
Expert:  Attorney Arcadier replied 4 years ago.
Please click accept answer for my prior responses. You will need to make the new questions a new question with the site.