Legal Question in Business Law in New Hampshire

unpaid invoice

We are a cleaning company who performed a new construction cleanng of a building for a contractor and they have not paid a portion of the invoice. They contracted us on Thursday for a cleaning over that weekend (a holiday) and some details were ambigous. To strip, seal and wax the floor I quoted $ .50 sq foot or $3,100. The drawing I had did not have dimensions which they knew. The actual square footage was 3,253 and they paid $1,626.50 leaving a balance of $1,473.50. My position is that I said $3,100. This was a complex, hard job - we worked all weekend - and it turned out great. This contractor had a bad reputation with all of the locals and were under a lot of heat and facing penalties when they called. We bailed them out when their cleaning company renegged on them at the last minute. I know I should have made sure of the dimensions but I thought I was clear that it was $3,100 and time was critical. They paid for the cleaning right away then the project manager could only approve the $1,626.50 and he referred me to the COO to settle the balance. What followed was a series of unreturned calls, when I did talk to him he said send more info and he would take care of it, he emails he considers the matter closed. Is it?


Asked on 4/03/07, 4:33 pm

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

Re: unpaid invoice

You may have a right to impose a Mechanic's Lien on the project. However, the cost to undertake that process might exceed the amount of money involved. You also have a right to bring your claim in Small Claims Court. The problem you have is proving how the job was to be priced. I hope that there was someone who witnessed the discussions who can testify to the agreement.

This is a general answer. As more facts become available there may be other or additional methods to deal with this matter. As with any legal claim there are certain deadlines and dates by which you must protect your legal rights. I am unable to advise as to those issues on the limited facts stated.

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Answered on 4/04/07, 9:03 am


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