How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Andrea, Esq. Your Own Question

Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11562
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Type Your Legal Question Here...
Andrea, Esq. is online now
A new question is answered every 9 seconds

How can I sue someone for Work performed and not paid I

Resolved Question:

How can I sue someone for Work performed and not paid?

I was hired to install data wiring at a Nursing home. The Owner hired an IT company to install it. The IT company hired me to do the actual installation. I installed the wiring and had the IT company verify placement. I was told I would be paid $700.00 for the work, and whatever else I spent on materials to get the job done. (Cost + Materials)

I've provided the IT company with detailed reports / billings for the job. The total is only $1017.27

Now I'm told by the IT company that the work was not done correctly, and that they have to refund the money to the owner. (i've spoken with the owner, the IT company has not refunded a dime.)
So the IT company says that they don't have to pay me now.

My argument is this. I OK'd the installation and locations with the IT company. I was never told that the work was wrong or incomplete until just now (6 weeks later,) and I was obviously never given the chance to correct what they thought was wrong.

Do I have a case here? It seems wrong to me to get someone to do work, get paid for it, and never pay that person for something you never told them was wrong.

Thanks!
Submitted: 4 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 4 years ago.

Good Afternoon,

 

Not only is what they are doing very wrong, it is also illegal; it is also obvious that the IT company wants to defraud you out of your money.

 

The relationship the IT company had with the Nursing home is somewhat of a "General Contractor" and your relationship with the IT company was somewhat that of a "subcontractor" . You were in constant communication with the IT company, informing them where you were placing the wires and they approved. Verbal or written approval was not necessary because if you were informing the IT company every step of the way and the placement of the wires was incorrect, they had a duty to tell you so that they could be placed elsewhere.

 

If the IT company did not have you sign a Waiver of Mechanics' Lien before you did any work, then you should immediately file a Mechanic's Lien against the property of the Nursing home facility on which you did the work; that would be filed in the county in which the Nursing home facility is located.

 

Mechanics' Liens can only be filed within 4 months after the last work was completed so file it relatiely quickly, just to be on the safe side and you do not lose your right to do so.

 

It is not necessary to tell the IT company you are filing a Mechanics Lien, let them be surprised when the Nursing home facility finds out and tells the IT company.

 

Simultaneously with filing the Mechanics' Lien, write a "Demand Letter" to the IT company for payment, because when you sue someone for money owed, you must allege in your Complaint that "formal demands for payment were made, all of which demands have been refused". Make a couple of copies of the letter for yourself.

 

Allow 3-4 days to go by, then file a Complaint with Small Claims Court and at the time of the hearing you will show the Judge copies of the invoices you periodically submitted to th IT company for payment and your demand letter. You will also tell the Judge that each step of the way, you were informing the IT company of your installations and their locations and that they never voiced any objection, that they got paid by the Nursing home and that they claim they never got paid.

 

Good Luck! You'll be fine and you'll do fine.

_______________________________________________________________________

 

___________________________________________________________________________

 

Please press the GREEN "ACCEPT" button so that I receive credit for my time and effort in assisting you. That is the only way I can get paid.

 

The window will not close when you accept my answer and you can ask follow-up questions, if you like

 

 

 

Leaving positive Feedback, Bonus, etc., are always appreciated.

 

_______________________________________________________________________________________

 

 

ANDREA, JD, LL.M., Taxation

Member, NY & PA Bar

 

DISCLAIMER: The facts stated herein are information only and are not intended, nor should be construed as legal advice or legal opinion and No Attorney-Client relationship is formed by asking questions and receiving information; laws vary from state to state and to protect your interests, you should seek local counsel

 

 

 

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11562
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 7 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.