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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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We paid $1000 for an independent contractor. He finished the

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We paid $1000 for an independent contractor. He finished the work but made a big mistake and we had to refund the money back to the client. Can we legally ask the independent contractor to reimburse us? what are some of the ways for us to recoup the money without going to court?

and to prevent this from happening again, can we draft a contract that says we can recoup the money if an independent contractor makes a mistake?
Yes, you could ask the independent contractor to reimburse you, however, it's unlikely that he would be under an obligation to do so.

If you did have a clause in the contract that you could require reimbursement if you needed to refund the money back to the client you would have grounds to sue the independent contractor for breach of contract.

However, absent such a clause, you would need to have to prove gross negligence to be reimbursed, or to receive damages from the independent contractor's mistake. Otherwise, the independent contractor is entitled to the money that was paid to him for finishing the contract.

What type of mistake was made?
Customer: replied 4 years ago.

it was supposed to be a custom made clothing but the contractor made a mistake in getting the wrong sizes so all the materials are gone, the client can't take the clothes, and we're out $1000

Since the clothing is completely unusuable that would likely constitute gross negligence, so you would have grounds to file suit against the independent contractor in small claims court for the amount that you were out due to his or her negligence.
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