Legal Question in Business Law in Michigan

Independent contractor liable for lost work

I was an independent sub-contractor last year (software development) and had an unfortunate incident where many weeks of work were lost. Some of the work was already billed and some of it was not yet billed. I took full time employment a week after this event. I did not bill for the time spent on the lost work as I didn't have anything to deliver. The main contractor that I was working for is now trying to collect from me a reimbursement for the work lost that was billed. I was not working under any contract at the time. Also in November last year, he stated on the phone with me that he would ''get back to me by Thanksgiving if there was anything owed, otherwise don't worry about it''. I didn't worry about it but he contacted me today about paying it back.

Do I owe the money? He has yet to tell me the exact amount. My guess is that it is in the $5000 range.


Asked on 5/12/08, 4:50 pm

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Independent contractor liable for lost work

The question boils down to what did the agreement say that you were engaged on behalf of the main contractor, who was responsible for the work. If all the conditions of engagement were nothing more than oral statements, the only way that this would be resolved is before a judge. However, if there is a written agreement between the parties then the answer would lie in the agreement.

If you have further questions, contact a lawyer in your area who can assist you.

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Answered on 5/12/08, 4:59 pm


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