What to do if I am an independent contractor and did an inspection for a company but have not received payment?

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What to do if I am an independent contractor and did an inspection for a company but have not received payment?

I did an inspection for this company last year and was paid on time with no problems. This time the owner of the company contracted me but I have not been paid in 6 weeks.

Asked on April 20, 2012 under Employment Labor Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

An independent contractor performs work pursuant to a contract (whether written or oral). If  the work is done pursuant to the terms of the engagement, the client/customer must then honor its obligations by paying the agreed-upon rate. If the client/customer will not pay, the contractor could sue to enforce the contract and get the money to which it is entitled. For smaller amounts, it would make sense to sue in small claims court, acting as your own attorney if possible.

(If you conduct your business through a LLC or a corporation and that's the entity which contracted wiith the client/customer, you would need an attorney--LLCs and corporations must be represented by an attorney; however, if you were a sole proprietorship or individual freelancer, then you could represent yourself. Essentially, if your EIN is your personal SSN, you could act as your own lawyer and save on legal costs.)


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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