I am subcontracted with a contractor that is subcontracted by a large company installing T.V.s in apts. for a major land owner. I was paid in the past for units that cancel'd installation, upon my arrivel. The guy I'm subbing for,is now trying to deduct pay from my invoice, stating that cancel'd/return units are now longer being paid. The work has already been performed, and there was never any discussion of non payment for those reasons. I live in Texas. Is he obligated to pay me in full for the work performed?
As a subcontractor you would have a claim for breach of contract against the contractor if the contract does not stipulate that cancelled calls would not be paid. Your pay on this is based upon the written contract and not the wage laws, since you are not going to come under those laws as a contractor. Thus, the contractor must pay you in accordance with the contract and failure to do so is grounds for the suit.
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There was nothing in writing, but I do have all past invoices with payment conformation for same work performed in the past. Is that enough to file suite against him if need be
You would have to prove the terms of the oral agreement, since they are trying to take past cancelled calls away from you. If you have proof they paid cancelled calls before and are not claiming those as overpayment, then this could be evidence in your behalf.
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Thats exactly what I thought. Thank you. I do have that proof.
Then you would have to allege an oral contract and you would then use that proof to prove the terms of the oral contract. In the future, you should not be doing this type of work without a written contract to avoid these problems.
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