Getting the last payment for a contract

[LeeAnnSmith]

What is the name of your state (only U.S. law)? CT

A programmer works for a company by contract. He doesn't get paid the last payment. This is in his contract: "Programmer hereby agrees to indemnify, hold harmless and defend the Company, its directors, officers, employees, subsidiaries and affiliates from and against any and all claims, expenses, including attorneys fees paid or incurred, by reason of any breach or claim of breach of Programmer’s covenants, representations or warranties under this agreement"

Does it mean he cannot sue in Small Claims Court to get his money?

thanks

 

[Zigner]

What is the name of your state (only U.S. law)? CT

A programmer works for a company by contract. He doesn't get paid the last payment. This is in his contract: "Programmer hereby agrees to indemnify, hold harmless and defend the Company, its directors, officers, employees, subsidiaries and affiliates from and against any and all claims, expenses, including attorneys fees paid or incurred, by reason of any breach or claim of breach of Programmer’s covenants, representations or warranties under this agreement"

Does it mean he cannot sue in Small Claims Court to get his money?

thanks

No, this means, in a nutshell, that the programmer would have to pay to defend the company if the company was sued because of something the programmer did or didn't do.

 

[LeeAnnSmith]

No, this means, in a nutshell, that the programmer would have to pay to defend the company if the company was sued because of something the programmer did or didn't do.

So this matter went to small claims court. The defendant didn't file an answer, the date was set for "hearing in damages". 5 days before the date (which include a weekend), the defendant sends to the plaintiff an email requesting continuance approval. He said they didn't receive the answer forms on time, but only 16 days ago, so they need time to prepare a possible counterclaim for potential breach of contract plus he has to travel on the date of the hearing.
He also said he tried to call to request continuance - which was not true, he never called. The plaintiff saw the email the following day only, and that point he was contacted by the court and informed a new date was set (continuance approved).
In the same email he offers to settle by paying about 70% of the money owed, but he requires first to drop the suit, and then he would send the check. Of course, even if the plaintiff would agree, this man cannot be trusted, I'm sure after dropping the suit he would just not pay.
I'm in shock of what a company can do (the man is the owner), for such a small amount. But I'm also wondering... He threatens with a counterclaim for their own damages. There is nothing really. The programmer just worked the hours and created completely new stuff, had very limited involvement in anything they had already. But I have no idea: how easy and possible it is in this country to come up with fake claims and fake witnesses? For example is it possible that he would say the programmer deleted something from their system and have some employee lie about it and claim damages?

thanks!