Legal Question in Business Law in Louisiana

non payment of fee for services

My husband refinishes floors and has a dissatisfied customer.Although she originally told him they looked great now that the job is finished and payment is due she seems to have changed her mind. He and his helper installed antique wood, refinished the floors and even bought a 12 ft ladder that she was to reimburse him for all the while working very late hours daily to try to accomodate her. She even offered him an incentive of a bonus to finish on a deadline which he did (that was not originally agreed upon either) He has offered to come back and try to address any issues she has but her reply was she wouldn't allow him to do this to her again. Do we have any recourse?


Asked on 9/07/06, 8:31 pm

1 Answer from Attorneys
Scott Wolfe Jr. Wolfe Law Group, LLC

Re: non payment of fee for services

yes, under multiple contractual principles, you would have recourse against this customer. Disputes such as these are very common.

With or without a written contract, you are able to move forward on collecting from this customer. However, it is always easier and clearer when there is a written contract. If you do not currently enter into written contracts with your customers, you should contact a lawyer to construct an agreement to use, which will help you avoid ambiguities such as this one. The contract should make as clear as possible:

1. the scope of the job

2. the price of the job

3. the timeline for the job

4. the way a job is determined complete

5. a payment schedule

In regards to your dispute, if you are unsuccessful in solving this problem with the customer, you should contact a lawyer to discuss moving forward with a lawsuit againt the customer, or more likely, a lien.

There are many laws and deadlines governing liens, and you should consult with an attorney to discuss whether this particular matter is eligible for a lien. Filing a lien against these rules and laws could result in penalities and/or other damages.

Good luck.

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Answered on 9/08/06, 9:10 am


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