What is the name of your state (only U.S. law)? FL
Hello!
I was hoping somebody could help me with advice.
I have a small business in FL, was subcontracted to do a job by somebody (with similar business) from NJ.
Because I had known that person, I let him take job (to NJ). He owes me more than 5k, but I'm thinking to take it to Sm. Claims, quantum meruit.
He told me that he quoted his client for whole project "around 10k" - I told him right then, that he severely under-quoted his client and had to discuss it with them, but he didn't seem to care (now I know why). He was also aware or amount of time this project was taking me and reasons why. When I was through with the job, I provided him with my hours, he ignored it.
Assuming that he received not more than 10k - then he pocketed 5K for 3 days of his work while paying me 5k for my 200 hours + materials (my shop rate is $50/h and my materials were 2K) to build entire project - without even discussing my bill with me.
When I told him that what he paid me wasn't nearly enough, he "didn't understand" why I should be getting more money than he did.
My concern is this: now, when he'll fight to keep 5K - can he turn around and "bill against me" to fill in his profit, for example, claim that he worked 2 weeks and not 3 days at $100, and paid his help at $100/h (when his help gets $10/h).
Would he have to present what he really received as payment and his real expenses? Does he have to prove that his rate is reasonable?
If I was subcontracted and claim quantum meruit - is it about me proving that I deserve to get paid for my work regardless if he has "enough" left or not - or Court will be concerned with his share/expenses?
Thank you!
Hello!
I was hoping somebody could help me with advice.
I have a small business in FL, was subcontracted to do a job by somebody (with similar business) from NJ.
Because I had known that person, I let him take job (to NJ). He owes me more than 5k, but I'm thinking to take it to Sm. Claims, quantum meruit.
He told me that he quoted his client for whole project "around 10k" - I told him right then, that he severely under-quoted his client and had to discuss it with them, but he didn't seem to care (now I know why). He was also aware or amount of time this project was taking me and reasons why. When I was through with the job, I provided him with my hours, he ignored it.
Assuming that he received not more than 10k - then he pocketed 5K for 3 days of his work while paying me 5k for my 200 hours + materials (my shop rate is $50/h and my materials were 2K) to build entire project - without even discussing my bill with me.
When I told him that what he paid me wasn't nearly enough, he "didn't understand" why I should be getting more money than he did.
My concern is this: now, when he'll fight to keep 5K - can he turn around and "bill against me" to fill in his profit, for example, claim that he worked 2 weeks and not 3 days at $100, and paid his help at $100/h (when his help gets $10/h).
Would he have to present what he really received as payment and his real expenses? Does he have to prove that his rate is reasonable?
If I was subcontracted and claim quantum meruit - is it about me proving that I deserve to get paid for my work regardless if he has "enough" left or not - or Court will be concerned with his share/expenses?
Thank you!
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