Full question:
I am a electronics installation contractor for 37 years. I did an installation on a U.S. military base in Illinois for this job in Aug.2009. i was a subcontractor.a contractor in Florida was given the job to expedite by the project managing company in Ohio. the day the job was complete the director at the military base said i did a great job and thank me a lot. After 3 months the subcontractor in Florida says the military was not happy with the job but paid the invoice to the project manager. The project managing company supposedly won't pay the contractor and he won't pay me.i had to communicate with both company's and received parts shipped from the project manager in Ohio. How can these ripoffs be made to pay me.
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: Missouri
Answer:
If someone breaches a contract, you can sue for breach of contract and seek damages in civil court. If the subcontractor or project manager is out of state, they may be served under a state's long-arm statute, which allows jurisdiction if they have sufficient contacts with the state where you file the lawsuit. You need to check if the contract has a forum selection clause that specifies where disputes should be litigated.
Review the terms of your contracts with the subcontractor and project manager to understand your rights regarding payment. Contracts are legally enforceable agreements that outline the obligations of each party. An oral contract can be enforced like a written one, but proving its existence and terms can be more challenging.
A breach occurs when one party fails to fulfill their contractual duties, causing the other party to suffer damages. Remedies for breach of contract include money damages, restitution, rescission, reformation, and specific performance. Money damages compensate for financial losses, while restitution aims to return the injured party to their pre-contract position. Rescission cancels the contract, and reformation changes its terms to correct inequities. Specific performance compels a party to fulfill their contractual obligations when monetary damages are insufficient.
Consider the theory of promissory estoppel, which may apply if you relied on a promise from the other party, and it would be unjust not to enforce it. You may want to consult with a legal professional to explore your options for recovering payment.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.