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KUMI95
KUMI95, Attorney
Category: California Employment Law
Satisfied Customers: 17222
Experience:  12 years attorney experience, Handled numerous landlord tenant issues in NYC and NY state
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I worked for a company as an independent contractor and submitted

Resolved Question:

I worked for a company as an independent contractor and submitted an invoice for payment. This happened over 2 1/2 months ago. they have paid for the work i did but, i also had a line item for consultation, for which they only paid half of the amount. They told me that the reason they paid only half is that most of the work i did had to be redone by someone else. I am asking them to pay the final balance. because they did not give me a chance to correct any problems at no cost. i did not have a written contract as the work was on a day to day basis. am i wrong for asking for full payment?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  KUMI95 replied 5 years ago.

wallstreetesq. :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

wallstreetesq. :

If you provided a service,

wallstreetesq. :

and you were not paid, than you are correct in asking for the payment.

Customer:

I did

wallstreetesq. :

If they are claiming, that the service provided was not correct or that they had to to re do the work,

wallstreetesq. :

they have to prove that,

wallstreetesq. :

and if they do, which is done in court, than they may be able to claim you did

Customer:

they have another company that did the redo

wallstreetesq. :

not provide the service

wallstreetesq. :

They do not have to use you again to redo the work, unless you had a contract

wallstreetesq. :

that states otherwise,

Customer:

isn't it basic practice to contact the original person to correct any problems

wallstreetesq. :

No,

Customer:

they are now suggesting to only pay half of the outsanding balance

Customer:

I have been told by the original person that asked me to do the work that i would be paid in full

wallstreetesq. :

That is what you should argue,

wallstreetesq. :

If you provided the service and more than half that service was correct, you should be paid.

wallstreetesq. :

Or if the entire work you did,

wallstreetesq. :

was fine, but it did not work out, due to other reasons, you should be paid in full

Customer:

it was rigging for a theatrical performance and the only thing i did not do was put on a safety cable

Customer:

so they had another company come in and put on the safety cables

wallstreetesq. :

Than you can argue that you should be paid in full, minus what they paid for the redo

Customer:

the only thing is i am much cheaper than the company they called in

wallstreetesq. :

What you should consider if file a small claims court case for the entire amount,

wallstreetesq. :

and have them settle with you,

wallstreetesq. :

A small courts action, would not cost you much, and they may try to settle with you fast

Customer:

do you know how much that costs?

Customer:

i am only due $750.00

KUMI95 :

Usually it would cost, $50 or less,

Customer:

thank you for your help

KUMI95 :

You can find the forms and fees in CA for a small claims case at the link above,

Customer:

thanks again

KUMI95 :

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