Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

My company had a subcontract with a large prime contractor

for a state agency in...
My company had a subcontract with a large prime contractor for a state agency in Maryland. The contract was cost plus fixed fee. As a small company without an audited overhead the state assigned us 100% overhead. In late 2011 the state advised all contractors that they must conduct an independent overhead audit. We did so and it supported an overhead of 126.2% and was approved by the state. Further, the state agency sent e-mail in late April 2012 authorizing our company to bill a specific dollar amount to recover the added overhead and fee. We submitted an invoice for that amount to our prime in May 2012 and go no response to many requests for status. In June 2013 the prime told us that the state would not pay because the contract ended in April 2013. The prime told me that they attempted to bill the overhead in 2012 but could not come to an agreement with the state on how to do so therefore they never sent our invoice to the state and never advised us. Meanwhile we had two other overhead claims settled with other prime contractors with the same state agency. Do we have a legal claim against the prime for failing to exercise due diligence in billing our overhead to the state?
Show More
Show Less
Ask Your Own Legal Question
Answered in 9 minutes by:
9/16/2013
Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5,299
Experience: Attorney with significant and substantial experience in multiple areas of law.
Verified
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Actually, the concept of due diligence doesn't apply in this situation. That is associated with business deals and other investigations prior to coming up with a decision.

In your case, however, you would have a valid cause of action for negligence and/or breach of contract against the prime contractor for failing to send your bill to the state and failing to inform you about the status of your claim.

Since your prime was obligated by the state and your contract to pay you the additional amount of overheard, you would have a cause of action for breach of contract for them to failure to honor their contractual obligation to you.

Furthermore, since you had a business relationship with you, they were obligated to exercise a reasonable duty of care toward you in their business dealings. They failed to do so by negligently not submitting your claim to the state and failing to inform you about the status, possibly allowing you the potential to submit the claim yourself.

So, you would be able to maintain a cause of action for negligence and breach of contract against the prime contractor.

I hope the above information is helpful.

Please let me know if you have any clarifying questions as I want to ensure that you are completely satisfied with my service. Definitely contact me if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work. It is necessary for you to rate my answer even though you’ve made a deposit or are a subscriber. I only receive compensation for my work if you rate me positively. Otherwise, I receive nothing for assisting you, and the website retains your entire deposit.

Thanks and best of luck!

Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5,299
Experience: Attorney with significant and substantial experience in multiple areas of law.
Verified
Joseph and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Thank you for your very clear answer. Could you tell me how lawyers typically charge for handling such a case? Would it be time and materials or a percentage of the settlement.

Hello Kari,

Happy to help.

There are two types of arrangements with attorneys for these types of cases.

You would either pay hourly or on a commission basis. Typical hourly rates can be anywhere from $200-$500 dollars, so it can be quite costly to hire an attorney on an hourly basis. (You would also normally be responsible for fees as well).

The other option is a contingency, where the attorney would take a percentage (normally 33%) off of any winnings from the case due to a settlement or a verdict in your favor.

I typically suggest contingency arrangements over hourly fees, since in addition to there being no upfront cost, it provides an incentive for the attorney to obtain the best possible outcome for your case.
Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5,299
Experience: Attorney with significant and substantial experience in multiple areas of law.
Verified
Joseph and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Joseph Your Own Question
Joseph
Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5,299
5,299 Satisfied Customers
Experience: Attorney with significant and substantial experience in multiple areas of law.

Joseph is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Breach of contract EMPIRE TODAY- I have a contract for
Breach of contract EMPIRE TODAY- I have a contract for install and removal for flooring. It's day 35! The disaster started 1st day, the salsa person measured incorrectly the worker showed up- yelling … read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I have a breach of contract issue that I believe would or
Hello I have a breach of contract issue that I believe would or should meet the Threshold of special damages, even punitive damages. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,972 satisfied customers
Recently I sent a Cease and Desist w/ breach of contract to
Recently I sent a Cease and Desist w/ breach of contract to a company in Texas because they no longer offer a product and do not have the product anymore that was listed on the original contract. I or… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
Breach of contract far as im concerned.wife used store
breach of contract far as im concerned.wife used store credit card without permission.she doesn't have a card and name not on account.3 names on card;me,issuing bank,and store name.if the 3 of us do b… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was named in a Breach of Contract Notice but I am not
I was named in a Breach of Contract Notice but I am not contracted with this party, I am contractor with the sub. Not sure how to proceed to make sure I get paid … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
Is it a breach of contract if the custodial parent moves the
Is it a breach of contract if the custodial parent moves the children to a different medical insurance without notice?From the Final Decree: The court finds that Health and Dental Insurance for the children is available at a reasonable cost to the Father....If, at some point in the future, the Mother becomes eligible for insurance and wants to move the Children to her policy and Father agrees, Father shall be responsible for 50% of the cost of insurance; Father may refuse to transfer the Children to Mother's policy if his portion of the cost of such policy exceeds the premium he then is paying for comparable coverage through his employer.Today: I discovered, the Mother now has free insurance for the children. She switched the kids over to the new policy 2 years ago. However, I've been paying about $450 per month. Which means, I'm paying $450 for no reason. Is this willingly breaching a contract with the intent to cause financial harm? Or, what would be the outcome of this?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
When someone breaches a contract what happens with the
When someone breaches a contract what happens with the contract by law? … read more
Bill Attorney
Bill Attorney
law
1,612 satisfied customers
I have a breach of contract against me that began according
i have a breach of contract against me that began according to the paperwork 08/12/04 … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
I received a summons for breach of contract with Lowes
I received a summons for breach of contract with Lowes credit card. My income is Social Security, I am 64. My husband is not on the contract, but is 76 years of age and is also on Social Security and … read more
John
John
Attorney
Doctoral Degree
5,865 satisfied customers
I have someone who breached their contract by breaking an
Hello, I have someone who breached their contract by breaking an NDA and I am trying to find out if the evidence I have is enough to bring charges against them. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
I am being sued for breach of contract by a financial
I am being sued for breach of contract by a financial advisor who has sent me an a time list of "extra services he has performed that,he claims, outside his contractual fees. He is suing me for $33,00… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
How can I resend a deed do to breach of contract and fraud?
How can I resend a deed do to breach of contract and fraud ? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I had a breach of contract with a venue, they did not want
I had a breach of contract with a venue, they did not want to host my event again despite having a paid in full contract with them months prior to the event date---i want to take them to small claims … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a breach of contract action in progress that requires
second opinion] I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting erro… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have a breach of contract action in progress that requires
second opinion] I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting erro… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I have a breach of contract action in progress that requires
I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting error and has made c… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
The attorney for the defense, in a breach of contract civil
The attorney for the defense, in a breach of contract civil suit, while talking to the pro se plaintiffs admitted that his client did in fact breach our contract. What can the pro se due with this adm… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers
If someone sues me for a breach of contract and they are
If someone sues me for a breach of contract and they are trying to add up debatable if not erroneous monies indirect of the contract (like pain and suffering, missed vacation etc) they want to recover… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x