Collections Law/Contracts


QUESTION: Dear Brian,

I get confused when I read the following terms of a contract

"Affiliated Company X use employees of affiliated Company Y, In liue of having their employees.
Company Y shall charge company X with rates for such services that shall not exceed those prevailing if performed by non-Affiliated third parties, taking into account the quality and availability of such services. Where the work is performed outside the home office base of such personnel, the daily rate shall be charged from the date such personnel leave the home office base where they usually work up to their return thereto"

I am not sure if Company Y can charge company X only when the Company Y's employees work in country of Company X?

Does the above the expression "Where the work is performed outside the home office base of such personnel..." gives strong meaning that the charges shall be for work performed outside the home office base of company Y?

If my question is not clear, please let me know to re-explain the issue in different way?

Many thanks to you for your cooperation.


ANSWER: Hey George,

I had to read it a few times but I would agree with you that company x is using company y's employees and if y's employees work elsewhere that that is considered outside of the home office.

I am not sure the purpose of the contract or the issue that has arisen. I am happy to help but I am not sure how I can help you with the questions that you have asked. With that being said, I deal with collections and real estate issues. I don't deal with contract law. I am happy to help you out where I can but I am not sure that I am the person to ask.

Hope I was able to help in some way.


---------- FOLLOW-UP ----------

QUESTION: Dear Brian,

To have more information about the topics, please see the attached link for Kurdistan Production Sharing Contract.

In pdf page no 101 of 115, paragraph 3.1.4.b indicates the direct costs of services rendered by affiliated companies.

And Paragraph no. 2.8.2 is related to indirect costs of services rendered by affilaited companies.

The cost in par 3.1.4.b is directly recoverable from cost oil, but the costs that are under par 2.8.2 is indirectly recoverable from overhead calculation.

Therefore, I got confused, does costs under par 3.1.4.b is for services rendered inside Kurdistan, Iraq only or inside and outside.

When I read "Where the work is performed outside the home office base of such personnel..." in par 3.1.4.b, I understand "Where" is relative adverbs that can mean "in condition".

I hope I could explain the issue to you perfectly. If you could not help, could please let me know to whom this question should be raised to?

Thank again for your help in advance

Hey George,

I would love to be able to help you out on this one but I have to respectfully bow out. I am not an attorney and it sounds like you need an attorney that specializes in Contract law. From the content of the topic, my advice would be to find an attorney that specializes in international contract law. Sorry I could not help more, but this is out of my range of expertise.


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Brian Pitcher


I can answer all questions related to Residential Real Estate. In particular I am an expert in the loss mitigation side. I meet with multiple homeowner on a weekly basis and guide them through the issues of being upside down on their mortgage and what they can do to better it. I can answer questions on Loan Modifications, Short Sale, Foreclosure, Strategic Default, Deed in Lieu. I can also answer questions on the buyer/investor side of things in regards to homeownership or home flipping. I can also answer questions regarding the 1099C or cancellation of debt that homeowners get from a short sale or a foreclosure.


I run a team of agents called the Pitcher Group, out of Salt Lake City. We specialize in Short Sales and helping sellers get out of tough situations. We have closed over 100 short sales in the past 3 years with our team. I also am an owner of a Short Sale Negotiation company that helps process short sale transactions for Real Estate Agents all across the country. I understand the investment side of Real Estate as I have bought and sold many rental type homes over the years. I also rehabilitate homes and flip them. We usually have 1 to 3 properties going at any given time. Our completion time from bought to sold is usually less then 4 months.

I am a member of the national Association of Realtors on the national level and the Salt Lake board of Realtors on the local level. I am a member of the Short Sale Specialist Network as well as multiple short sale mastermind groups locally and nationwide.

The Short Sale Specialist Network The Truth about Short Sales, Loan Modifications and Foreclosures (an ebook that I wrote)

Bachelors Degree from the University of Utah in Spanish with an emphasis in Economics. Specialized and on going study of loss mitigation tactics revolved around the banking industry and real estate including FDIC.

Awards and Honors
Bronze Home sales award in 2008 for Keller Williams Gold Home sales award in 2009 For Keller Williams Triple Gold Home sales award in 2010 For Keller Williams Triple Gold home sales award in 2011 For Keller Williams Top Sales agent individual award in 2010 For Keller Williams I have been asked to speak and teach other realtors how to handle short sales for Keller Williams International and also at my local board of Realtors.

Past/Present Clients
I have over 100 successfully closed short sale transactions.

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