Results 1 to 2 of 2
  1. #1
    Join Date
    Feb 2009
    Posts
    6

    Default Recovering an Unpaid Invoice Subject to an Arbitration Clause

    My question involves business law in the state of: NJ

    I run an LLC company providing Technology and Computer Consultants to clients. In 2006 my company signed master agreement with another consulting company. They hired our contractors and used to pay our invoices. In 2009, they did not pay one of our invoices. We kept exchanging emails back and forth and they kept giving lame excuses but no payment came through. Our contract says - Any dispute arising out of this agreement not being resolved amicably between both the parties can only be resolved through laws of Arbitration of the NJ Chamber of Commerce, Trenton, New Jersey. What are my legal options to recoup my pending invoice payment of 2009?

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: LLC - How to Recoup My Pending Invoice Payment from Another Consulting Firm

    That provision of your contract tells you that you must use arbitration to resolve the dispute rather than go to court. However, if the arbitrator applies New Jersey’s statute of limitations (SOL) you appear to have a big problem. The SOL for a breach of contract claim in NJ where the contact does not involve the sales of goods is apparently six years from the date of the breach. The breach evidently occurred in 2009, so the six year SOL would have then run out some time in 2015. Simply put, it’s possible that it is too late now to win your arbitration on this. You may certainly try the arbitration and hope the client doesn’t raise the SOL or that the arbitration rules do not apply the SOL and see what happens. Just don’t be surprised if you end up losing based on the SOL.

    Why did you wait that long? I’d not have have waited more than a year before resorting to arbitration to pursue payment. Deadbeats will always come up with some excuse or another why payment is not coming and they’ll keep giving you those excuses for as long as they continue to effectively put you off.

    1. Sponsored Links
       

Similar Threads

  1. Breaking Up: Recovering Property After Breaking Up, While Subject to a Protective Order
    By Frederick71 in forum Marriage, Cohabitation and Civil Unions
    Replies: 8
    Last Post: 04-13-2015, 02:10 AM
  2. Retainer Agreements: Can You Be Held to a Binding Arbitration Clause in a Retainer Agreement
    By Greenminted in forum Legal Practice
    Replies: 1
    Last Post: 08-28-2014, 12:30 AM
  3. Contract Clause About Submission of Invoice
    By beyondcomm in forum Independent Contractors
    Replies: 1
    Last Post: 09-28-2010, 11:29 AM
  4. Business Disputes: Arbitration Clause - Still Filed Lawsuit
    By JimKel123 in forum Business Law
    Replies: 1
    Last Post: 03-04-2009, 05:19 AM
  5. Repossession: Mandatory Arbitration Clause
    By brunad in forum Cars and Dealerships
    Replies: 3
    Last Post: 05-26-2005, 10:43 AM
 
 
Sponsored Links

Legal Help, Information and Resources