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Question
Hello,
As an Outsourced Estimator, I have clients that are all over the states. All of my clients sign a Master Agreement with me that is tied into all Invoices. I recently ran into a "breach" of this contract (let's call it "non-payment" )with a client and have been told, as a "consultant" I have no means to legally collect except possibly small claims court. I have been told I cannot file a mechanic's lien because there were no materials involved on the projects. I have reported the claim to D&B. What is your advise?
Unfortunately the only recourse is to file a suit against you client and hope to collect. It's a no-win situation. If you file a suit he can file a counter- suit for more money. Now you pay twice for legals fees and maybe collect nothing. All you can do in the future is know you are dealing with, a contract is only a contract and as I have found usually not worth the paper it is written on.
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Answers by Expert:
Dominic J. Maltese, Jr.
Expertise
Construction industry related questions. Issues on construction, careers in construction, marketing construction, starting a construction company, cost estimating. These are a few examples.
Experience
Twenty seven years as a general contractor (15 as a construction manager and design-builder).
Organizations
Associated General Contractors of America (AGC) - Detroit Chapter (President in 1999), American Society of Professional Estimators - Detroit Chapter (President in 1994-95), Construction Association of Michigan, National Home Builders Association.
Publications
Estimator - the magazine for American Society of Profession Estimators, also, the Detroit Chapter of AGC magazine.
Education/Credentials
Associate of Science in Construction Technology, Instructor for STP classes (Superintendents Training) for AGC, lecturer at University of Detroit School of Architecture on Cost Estimating.
Awards and Honors
1998 Franklin award for one of Michigan's best run family businesses, Yearly Safety awards from AGC, Remodeling Magazine 2001 Big 50 Remodelers of the year.
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