Legal Question in Business Law in New York

Customer refuses to pay remaining balance on a purchase order

I do some side work as a freelance CAD drafter. I have a signed purchase order with a customer located in PA to supply shop drawings consisting of plans, elevations, window schedule and details for a cost of $100.00 per sheet. The drawings were completed with 88 drawings in the set, which means the customer would owe me $8800.00 of which $4400.00 was paid and $4400.00 is still outstanding and was going to be paid after I corrected the drawing set. The corrections would be made from an architectural submittal, which is usually the norm. After months of me asking for the corrected set of drawings the customer sent them to me with not only the architect's comments (which were stamped by the architect approved as noted) but also with the customer's comments. I made the corrections that could be made by me to the drawing set, I repeatedly asked the customer for a hard copy of an updated set of architectural drawings that the architect was refering to in his comments and never received the copy. I was told by the customer to do what I could and they would finish the job. I sent the drawings back and they sent me an email with more things to be added most of which were bs and now customer is claiming the job is behind and they would fin.


Asked on 10/06/06, 10:44 am

2 Answers from Attorneys
Kristen Browde Browde Law, P.C.

Re: Customer refuses to pay remaining balance on a purchase order

If I understand correctly, the customer owes $4400 - unless you're seeking additional compensation for extra work done above your agreement. A lawsuit for $4400 is not likely to be cost effective, but there may be other alternatives. If you'd like to arrange a consultation, please feel free to give me a call.

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Answered on 10/06/06, 10:52 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Customer refuses to pay remaining balance on a purchase order

You obviously need to commence collection proceedings. If you wish to do it yourself, you can sue in District Court, Small claims. However, you may run into jurisdictional problems depending on the customer's connections

with New York. Is the work that is the subject of the dtawings located in NY? Or were the

negotiations conducted over the internet? Where was the contract executed?

If you commence a proceeding in small claims court and they move to dismiss then you should contact an attorney to draft opposition papers.

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Answered on 10/06/06, 12:56 pm


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