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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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we work for a security company doing outside rolling security,

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we work for a security company doing outside rolling security, checking cars for theft. We use our own cars and pay for our own gas. The client company now refuses to pay us for the last month as they say we did not render the services properly. There have not been any thefts over the last 30 days (we invoice monthly for services rendered) however one night I fell asleep for a short while and they set up a sting and took some tires off of the back of a jeep vehicle and I did not not realize it. We do not have signed contracts with the auto dealerships and now they are saying that they will not pay the company for the month of june. Can they do this?
Submitted: 6 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

After this theft occured, what exactly happened between you and the security company as well as the client--was there any disciplinary action? Also, are you an employee or an owner of the company?
Customer: replied 6 years ago.
The theft did not actually happen. I went down to a store to buy a quick coffee at approx 3 am) and the people from the car dealership took the tires off of 6 jeep vehicles (just the spare tire that is mounted on the back by 3 bolts) to see if I would notice it. we (my wife and I) are independant contractors for a self employed security company. The man that owns the company bills the client companies for sevices rendered monthly. As he is retiring shortly he is turning over his security license to my wife, so we do the invoices and submit them to the client. Our duty is specified as checking the tires at (9:00pm and 6:00am.) as well as rolling thrrough the lot to deter any theft. We do this at approx 5 dealerships owned by the Bertera family name. The only disiplinary action was to cancel the agreement and now they are sying that thet will not pay Bob for the month of june.
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up.

Did you ever notice the missing tires, or at your check the theft was never recognized?
Customer: replied 6 years ago.
I did not realize that the tires were missing. It was a rainy foggy night and all I do is roll around thru the lot. I did not realize that the tires had been removed at 6:00 check. The dealership put them back on after I left. I did notice that the tires were not there during the course of the night, but I didn't recall if they had been there or not, so my report was that all was well.
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up.

In that case the client has a legitimate case to withhold payment. Since you failed to properly recognize that a theft took place (whether the theft was valid or set-up, it was still an event that had to be disclosed), they can claim and show that you failed to provide them with contractual protection and therefore they do not have to pay. Your best argument here is to claim that you performed the work as contracted, and not paying you would be unjust enrichment to the dealership as they accepted your services after the incident without comment and continued to use your services.

Good luck.
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