Legal Question in Business Law in Florida

Non-Payment/Fraud

I did a cabling job for a friend�s fledgling company. I had done work for this company for 3 months prior but during that time he had backing from another company-who pulled out. I charged materials/tools/expenses to my personal credit cards, as all of his corporate cards had begun to be declined. He agreed to reimburse me for all these expenses. I confirmed that he billed and was paid for many of the expenses I incurred. I've not been reimbursed, nor have I been paid for the work; for which he has no doubt been paid. No attempts have been made to contact me to resolve this matter, regardless of my repeated attempts to do so. I was told that I would be paid once I surrendered all company property. In good faith I surrendered all property, some that I paid for. 90 days later, no payment. I am prepared to take this to court, as I suspect he will force me to do so. I've been told that he has parties interested in becoming, if not already, officers of this company. It's being �recommended� by one of his employees that I am in loose contact with that I proceed with this collection, �before it's too late.�

Will new corporate officers change anything? Is the company liable for the legal fees I incur to collect this debt?


Asked on 9/15/02, 2:45 pm

2 Answers from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Non-Payment/Fraud

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

(1) There is a florida prompt payment law for sub-contractors, (2) unless your contract provided for attorney fees; there is no right to recover attorney fees under the contract; (3) However, you may have construction lien rights which would entitle you as the contractor to attorney fees. (4) Officers of the company have nothing to do with your situation. Good luck, and I recommend hiring an attorney. Especially if you are an unlicensed contractor.

Sincerely,

Randall Gilbert

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Answered on 9/15/02, 2:52 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Non-Payment/Fraud

Mr. Gilbert's recommendations are on point. Good luck.

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Answered on 9/15/02, 5:32 pm


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