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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1737
Experience:  Practicing Attorney with 10 years experience
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I sub contracted an interpreter to share a project I was

Customer Question

I sub contracted an interpreter to share a project I was awarded, I offered him the same per minute rate that I was going to earn, based on the fact that he represented to me that he had plenty of experience and knowledge.
The first invoice he sent me was to pay for a 105 minute file, I sent him the payment before I reviewed the file. The file was dreadful, not acceptable. It had significant omissions, missed words, wrong translations. I had to stop work on my file, and revise his text versus the audio. I highlighted the errors and returned it to him, politely but firmly asking that he implement the corrections and continue on the rest of the file in the same manner that I had. He partially implemented my corrections and left many errors intact, simply said he had heard the file to the best of his ability,
Due to the pressure to keep the delivery time and the huge workload I had to complete I did not trust him to do any more work, I knew at this time that it would have required two or more revisions. I rather reached to two other dependable colleagues to save time.
At this time he is claiming payment for over 54% of the entire project, saying that he turned in his work in a timely manner and assisted in editing other files. He made ridiculous and offensive comparisons as to the home and life I have and the one he does not. He will not admit that I had to hire other colleagues and that I had to redo his file. I feel he had already received a large payment, un deserved, and he is not entitled any more payment.
If I had turned in his file as he sent it, it would have been challenged and returned with out doubt. My name and business reputation would have been ruined. The files in reference contain witness interrogations and a confession to a murder.
He is threatening to send his invoice to collection and or other means, which is unclear.
What is your advise?
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Asad Rahman replied 9 months ago.

If he continues to insist, before he files suit, you should file suit against him for poor performance and refund of the amount he was paid under a breach of contract scenario. Although you may not necessarily prevail, it may cause him to reconsider his stance. Depending on the amount paid, you could file in small claims court. If he agrees to back off, then you should have him execute a release of claims so that he does not come back later asking to be paid. In Texas, he has up to 4 years to file a breach of contract claim.