Legal Question in Business Law in California

General lien

We are a powdercoat company. I have a customer that is complainting about poor quality in one of their jobs we run.

They owe us some money from previous jobs we did for them.

I did not hear about any problems regarding this particular job until a couple days ago. we run this job about a month ago.

this job was shipped to ohio.

They're saying my thickness was less than 2 mils, but we don't know if that's truth. i have a lot of parts that have not been run, and i want to know if i can hold these pcs until they pay me. i'm not charging for the job they're saying it's bad, i'm just asking for the money they owe us for previous jobs. what should we do?


Asked on 8/12/08, 5:56 pm

2 Answers from Attorneys

Re: General lien

You should make sure that you follow the agreement that you made with them. Do you have a written contract or order form or purchase order? Or, is the agreement an oral agreement? How much is owed from prior order(s)? How much is the current order?

I would need a few more details before giving any advice on this since the advice might cause you to take an action that might breach an agreement that you have.

You should have a consultation with an attorney to review your documentation and discuss options.

Caleb

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Answered on 8/12/08, 6:37 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: General lien

I agree with the previous answer, and would add the following:

In an ongoing business relationship, each contract should be viewed as a separate deal from a legal standpoint unless past practice and tradition tie them together with unwritten terms and implied understandings. For example, a quality dispute over Job A does not warrant the customer's refusal to pay for Job B, nor the supplier's holding Job C hostage for payment. It is OK to refuse to ship Job C if Job C hasn't been paid for, if prepayment is a contract term; you have a lien on it.

On the other hand, it makes sense for both parties to consider the overall business relationship in deciding how aggressive and hostile to behave. If this is a long-term and profitable relationship, try negotiation and discussion before anything more hostile such as withholding payment, failing to ship, filing a suit, etc.

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Answered on 8/12/08, 7:04 pm


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