Thank you for that additional information.
reasons for piercability question:
- customer is a delaware c-corp, with possibly no money in the company
That does mean that the corporation veil will allowed to be pierced. Parties are allowed to contract - breach of the contract itself does not afford the remedy the court piercing the corporate veil.
The courts will allow the piercing of the corporate veil in extenuating circumstances - when there has been fraud, undercapitalization, not keeping with the formalities of the corporation, commingling of funds, etc.
But just because the corporation breached a contract - the presumption is - that a court won't pierce the corporate veil and hold the owners personally liable.
The rational is - that you knew who you were contracting with OR could have demanded personal guarantees.
- what are options for actual recovery (ie $$ in my bank) in case of judgement for me
The options are tough - that if you get a judgment against the corporation there may not be any asssets to pay you with. The corporation may file bankruptcy
which would then discharge any judgment you got against them.
- do you know avg cost of arbitration for similar case in sf, ca
Because it's a simple breach of contract - the arbitration shouldn't take long at all. I would have to say between $2k and $4k.
- can we recover arbitration costs n case of favorable judgement
No, not unless it's in your contract that the prevailing party can recover their legal fees and court costs. Otherwise, in the USA - unless there is some statute saying the prevailing party can recover their attorneys fees and court costs - each party bears their own costs.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer.. I thank you in advance for taking the time to provide me a positive rating!
If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.
For example, you would state, "This question is for Law Pro . . . (then on with your question).
I wish you the best in the future.