If I referred a contractor a job and the agreement was to be 10% of the bid amount but he has not paid me, what are my options?
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If I referred a contractor a job and the agreement was to be 10% of the bid amount but he has not paid me, what are my options?
He has emailed saying to give him time but he has yet to pay after 8 months. I have 2 witnesses and several emails stating to give him more time. Can I sue him as I don’t think he has any intention of paying?
Asked on June 24, 2015 under Bankruptcy Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Yes, if there was an agreement that in exchange for the referral, he was to pay you 10% of the bid amount, you can sue to enforce that agreement--referal, etc. agreements are legally enforceable. The lawsuit would be based on breach of contract. If you initiate a lawsuit and he agrees to pay, you can always dismiss the suit (if he pays in full) or settle it (if you and he enter into a payment plan) before trial. Filing the lawsuit may "encourage" him to finally start paying.
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