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We as an LLC were brought into a charter school to provide…

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We as an LLC were...
We as an LLC were brought into a charter school to provide IT services. The president who brought us in was terminated. In the exit meeting he was told any outstanding invoices for IT would be taken out of his oaycheck. The board contends that the IT bills were too high for work done. This is unproven but is the basis for why they took this action. what is the presidents right to fifght this and or how do we as an IT llc get paid for our services?
Submitted: 2 years ago.Category: Business Law
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3/4/2016
Business Lawyer: Asad Rahman, Attorney replied 2 years ago
Asad Rahman
Asad Rahman, Attorney
Category: Business Law
Satisfied Customers: 2,437
Experience: Practicing Attorney with 10 years experience
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I Am sorry to hear this. You need to file a breach of contract against him and the school. The president had apparent authority to sign up for these services on behalf of the achool. They cannot argue that it is not their responsibility. I am happy to discuss by phone if you like but there are additional charges.

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Business Lawyer: Asad Rahman, Attorney replied 2 years ago

If you have no further questions a positive rating is appreciated.

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Customer reply replied 2 years ago

I have an email from the CEO (at the time) approving our invoices. Now the board is saying they are not going to pay these invoices, contending that the CEO was fired and because he allegedly go kickbacks for our invoices. All lies but the power of suggestion of 1 board member got enough noise to cause his dismissal. The board now wants proof of all services. an they do that even if their CEO already approved it?

Business Lawyer: Asad Rahman, Attorney replied 2 years ago

They can ask for proof of services performed but the CEO had actual and apparent authority to enter into a contract with your company. On these two bases you have a strong claim for breach of contract.

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Customer reply replied 2 years ago

We had a verbal understanding perform services as needed and bill. That was the mode we worked at and so it's not a written contract just bill as you go. How do we price hrs spent in projects? I kept tally of hrs but to show actual time and the work during that time is tough. How much weight is given to the fact alone that the CEO gave approval of iinvoices to be paid?

Business Lawyer: Asad Rahman, Attorney replied 2 years ago

Your tally should be satisfactory. You will just need to estimate it. The fact that there was no written agreement dies hurt the case somewhat but oral contracts are enforceable. The CEO consent should overcome most of their arguments.

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Customer reply replied 2 years ago

Since there is no written agreement and the board will not answer my emails or calls, when/ how do I begin collection? Is there a demand letter and how long do I have to wait to send it?

Business Lawyer: Asad Rahman, Attorney replied 2 years ago

You have tried calling and emailing so there is nondemand letter needed. You should simply file a lawsuit at this point.

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Customer reply replied 2 years ago

last question. I bought for this client ms office 365 licenses for 60 users. I was told by CEO before he left the board will not pay this. Ive tried to get the board to answer in writing if this is the case. I even told them at 5PM today I would shut off these services without any written reply. So far zero reply yet I see a read reciept from one of the members so Im eithre being ignored or they havent decided yet. Do I have a right to stop these services? what more can / shuld I do to protect me - keep in mind all email will be stopped.

Business Lawyer: Asad Rahman, Attorney replied 2 years ago

If they are not willing to pay and have not responded then yes you can terminate the services. If I were you I would send one last letter via cerified mail outlining the services you have provided and that if payment is not made by x date then you will shut off the services. You do not want to be in a situation where they assert claims against you for business interruption.

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Business Lawyer: Asad Rahman, Attorney replied 2 years ago

If you have no further questions a positive rating is appreciated

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Business Lawyer: Asad Rahman, Attorney replied 2 years ago

Can you provide a positive rating please?

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