Legal Question in Business Law in Massachusetts
I bid a small job for an agreed upon amount and received a check for half the amount upfront. when the job was finished, there was a dispute over what was owed. an agreement was made later that day, with the adjusted amount to be mailed to me. when the mail arrived i was informed that the first check was cancelled and a smaller amount had been written. i was also charged with a check fee by my bank concerning the first check deposited. do i have any recourse or chaulk it up to one big mistake
3 Answers from Attorneys
As a Franchise Attorney I can only say more information is needed. Was there written agreement about the first adjusted amount? Did you cash the second, smaller check? Did it have any wording about being full and final payment? Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
wage act issues start at the AG office. There is a form to fill out and file with the AG as to wage act violations. Go to mass.gov and AG's office for form
Maurice LaRiviere, Jr
200 Merrimack Street, Suite 202D
Haverhill, Ma 01830
tel 978-373-4044
I assume the bid was signed and work performed on the basis of the work done. It is unclear if the deposit check that was cancelled was the check for half and you received a new check for the "whole amount" which was less than the amount agreed.
Regardless, if the amount is small enough you can file a complaint with small claims for the difference between the amount paid and the amount agreed plus the cost of for the returned check.
If the amount in question is too little to take to court given the time involved, then write it off to a bad customer. You might want to have your bid and contract forms reviewed and updated by an attorney for future disputes.
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