More details to this question:
I recently did two jobs for an employer that I freelance for without setting a rate before hand. The first job was only labor on my part, and the second job included labor, equipment rental from me and transporting the company equipment to the job site. After attempting to discuss rates with the individual, only to be ignored, I sent him an invoice with my usual rates for two weeks of labor, the 6 day rental rate for each piece of equipment from the second job, and a small amount to cover transporting his equipment to the job site. The only reply after the invoice stated that he would not pay me until the client paid him (in the next 2-3 months) and that he wanted to discuss my numbers. After reaching out to him over the phone to try to reach a settlement multiple times, he has still not replied to me. How should I proceed from here? Thank you!
2 ANSWERS
Litigation Attorney serving Springfield, NJ
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Mark | Lavigne, LLC
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What you are explaining sounds in the concept of quantum meruit or quasi-contract. How much is involved? iIf less than $15k, you can file an action is Special Civil Part of the NJ Superior Court. IF more than $15, the action would be in NJ Superior Court, Law Division.
Answered on Mar 07th, 2016 at 7:18 AM
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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You do not have a contract. In the future, get a contract before doing the work. In this case, sue in Special Civil Part for actual work done. Theory is 'quantum meruit'. You will be successful. Ed Dimon
Answered on Mar 07th, 2016 at 5:11 AM