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  1. #1
    Join Date
    Sep 2012
    Manhattan, NY

    Default If The Contractor Doesn't Pay You, Can You Sue Their Client

    My question involves independent contractors in the state of: New York

    I have been a computer “sub contractor” for over 18 years and for the first time a contractor who placed me at a client site is trying to completely beat me out of money. I completed work for a small contractor for a very big world wide company.

    It was a standard non compete with clause 4 month contract being paid net 30 days after the submission of the invoice.

    I am a 1-man corporation and I registered my company in New York 15 years ago. The contractor pays the corporation.

    All the work I completed was performed in New York City, no where else.

    I never worked with this contracting firm before.

    The first month the contactor was to pay me for the work it was 20 days late on top of the net 30 days. I had sent multiple emails asking when I was going to get paid, but never received a definite pay date.

    Only after the client asked why was I not getting paid did the contractor pay me.

    Since the client was such a big wig, I figured I may be getting paid slower then usual, but eventually I will get paid. Especially since the client sent an email to me and the contracting firm that they were very satisfied with how I completed the task.

    Well the wind up is I worked another 90 days, and now it is 92days later and the contractor has still not paid me for the 90 days of work. I have sent multiple emails and regular mail "Delivery confirmation" letters.

    I looked up the owner of the contracting firm and he currently has 13 law suits going on. He is obviously shady and will delay paying me or beat me out of the money, even if I take him to court.

    I told the client that the contractor is not paying me, but they told me they do not want to get involved.
    I found out one of the top guys is personal friends with the person who owns the contracting firm.

    Is there a way I can sue the client directly?

    Are there any clauses or steps a client may not have taken that would make them liable?

    My friend who owns a consulting firm in NYC said if the contractor did not register his company as a staffing firm, then you can sue the client directly. Is that correct?

    Thank you for your time and consideration.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: If The Contractor Doesn't Pay You, Can You Sue Their Client

    You have indicated that you have a contract not with the client, but with the agency that placed you with the client. The client pays your agency, which in turn pays you.

    The fact that your agency has not paid you does not mean that the client has not paid the agency. So... has the client paid or not?

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