Independent Contractor Refusing to Turn Over Files

[MDS11]

My question involves business law in the state of: New York.

I run a company, and use an independent contractor to do some of my work. My contractor informed me he will no longer be able to perform work for me. When I requested return of my files so that I could work on them or find a new subcontractor, he refused to turn them over unless I signed a release containing a waiver of liability for all past work. What remedies do I have to take back my property?

[Bubba Jimmy]

If the files in question are work products that belong to you, then I would begin escalation by having your lawyer write him a demand letter giving him 7 days to return the work products that are your property or be sued. You are under no obligation to sign any waiver of liability to get your own property back. What does your contract with this individual say about ownership of the files in question?

[KeyWestDan]

I would also point out to your contractor that the threat/demand that he made constutites a criminal offense of extortion, as well as being a civil tort for which he can be sued. Follow the advice above and if that doesn't work go see the white collar crime section of your local DA/State Attorney's office. Once they contact that guy, I bet there will be a big change of tune.