Legal Question in Business Law in California

I am in trucking I own and operate a big rig and sub contracted under a prime carrier, the contract states that all subhaulers shall be paid on the 30th of each month, for the past three month he has been holding all subs checks a day late or two and bills become over due I.E. home rent and other payouts,when asked about the problem for being late he says you don"t like it you can leave knowing that this economy is weak so he seems to be taking advantage of this,is this legal ?


Asked on 2/06/12, 1:27 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Unless the contract contains some language making punctual payment absolutely necessary, modern courts will not consider a contract to be breached when a payment is a few days late. Look for a clause that says "Time is of the essence of this agreement" or words to that effect. Paying bills a little late is commonplace in the business world. Some contracts contain "late fees" for failure to pay on time, like residential leases and credit cards, but these are unusual in ordinary commercial agreements. I'd say if you are getting paid ONLY a couple of days late you are pretty lucky. Some of my clients are considerably less prompt!

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Answered on 2/06/12, 1:46 pm


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