Legal Question in Credit and Debt Law in Texas
Contractor paid, services not rendered
I am a partner in a web design company who sub-contracts out to web designers on a per/order basis. Our clients pay us, and we pay independent contractors a percentage of the total amount, on a good-faith basis prior to the start of any project.
We have one contractor who has not completed 3 projects, all of which have been paid in full by the clients, and we, in turn, paid him (approximately $600).
Do I have any recourse to get the monies reimbursed by the contractor for services not rendered?
I am in Texas, my partner is in Connecticut, and the independent contractor is in Florida.
Our attempts to contact him have failed. The projects in question have been taken over by other designers (contractors). As of now, we are eating the amount paid to him.
2 Answers from Attorneys
Re: Contractor paid, services not rendered
Write it off to experience. Pay for what's done, not what will be done.
You could sue him in Florida, but since Florida is as much a haven for deadbeats as is Texas, your chances of collecting are slim to none.
Re: Contractor paid, services not rendered
If you can't contact him, you're in trouble. You could sue in TX because he likely meets the minimum contacts test, but you would have to get the judgment domesticated in FL and collect there. Good Luck.
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