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INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
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Experience:  Licensed attorney helping individuals and businesses
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I have a job I just completed. Throughout the job I would

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I have a job I just completed. Throughout the job I would send a detailed invoice for payment. This is a large job so there were draws awarded through the progress. More often than not would only receive partial payment, then the rest in 4-5 days. My bid described work to be preformed and was. Extra work has been asked along the way and agreed to be payed. At this point I have been paid for most extras and most all the work. Amount on actual bid due is approx. $5000.00. The other party are not willing to pay the amount left on the actual bid due to an extra work order added to the original contract. Which by the way the left over extra work payment not received is $4100.00. So my question is if I have provided the described work in my bid can they hold payment due to an extra work bill that has not been completed nor paid.
Submitted: 5 years ago.
Category: Legal
Expert:  INFOLAWYER replied 5 years ago.
There is no basis for holding off on the payment. You have invoiced them and may next have a lawyer send a demand letter and proceed to file a civil lawsuit. If they claim an offset, they would raise it in defense or counterclaim. Often having legal counsel discuss it leads to settlement as both sides seek to avoid the cost and time of litigation. A good reference for you is martindale.com and findlaw.com Consider working out a payment plan if there is a liquidity issue.


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Customer: replied 5 years ago.
Taking them to court what would I potentially be able to sue for. Money owed court cost any other losses. I had another bid on a $12,000 dollar job and was not able to do because of the work being done on this one I am out money to my guys and potential money lost not knowing if they ever intended on paying full sum in the first place
Expert:  INFOLAWYER replied 5 years ago.
You could sue for money owed, court costs, and interest. The lost income resulting from their non payment is not likely to be awarded nor are legal fees in this breach of contract claim. If they did so intentionally or fraudulently, a court is more likely to award legal fees though. I wish you best of luck. Kindly click ACCEPT for the answer - its how I get credit for it by JA

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