Legal Question in Business Law in Texas

Work completed - nonpayment

I had a verbal agreement to deliver an application/presentation design with several revisions for 10K. The work was completed and delivered. A week later, the CEO was fired. The company refuses to pay as they had no knowledge of the project. However, I can have the former CEO validate that the board knew about the project and that the project was delivered.


Asked on 10/24/08, 11:43 pm

2 Answers from Attorneys

Jason Gallini Crew & Gallini, PLLC

Re: Work completed - nonpayment

There are a couple routes that may be followed depending on a complete review of the facts. Verbal agreements can be enforceable with sufficient supporting evidence. An affidavit and/or testimony from the former CEO will be most likey necessary. There are a couple theories for recovery that may apply: breach of contract, quantum meruit, among others.

As for routes, the possibly less expensive route may be through the Texas Employment Commission if you meet the requirements under the Texas Payday Law. You would have to meet the qualifications as an employee, etc.

Another route would be through a traditional law suit. Because of the amount in controversy, suit would most likly be filed in County Court. There are a few precursers to filing suit, including meeting with an attorney to review the complete facts and circumstances to ensure that you have a proper claim.

It is advisable that you meet with an attorney soon to review your legal matter. Also, statute of limitations may apply. Best of luck.

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Answered on 10/25/08, 12:10 am
Gordon Arnold Arnold & Knobloch L.L.P.

Re: Work completed - nonpayment

You have a number of possible ways to go forward; but, without knowing all the circumstances, it is impossible to assess.

For example, you may want future business from the company or someone there now. If that person feels innocent of wrongdoing, harsh confrontation will be counterproductive. On the other hand, if they are intentionally refusing to pay what they know to be a legitimate debt, then a more aggressive stance may be appropriate.

Given the amount you are talking about, your reputation as a professional would seem to be more valuable than this particular deal.

You should discuss this with a lawyer near you who you think will give long-term strategic advice -- not short term analysis of this particular incident.

www.arnold-iplaw.com

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Answered on 10/25/08, 12:07 pm


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