Being sued by 1099 employee for non payment

[tjack6976]

What is the name of you

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r state (only U.S. law)? Maryland

I am a sole proprietor..I had a job in a different state. The contract between myself and the main company was for 50 hrs. The 1099 contractor left the place a mess, and did not complete the job, material was hanging out of the walls and falling. We had to get other people up there to complete the job, plus the company who hired us had to pay another company to finish it also. He is saying that he completed the job, but in 97hours. He has filed a civil suit against me for the 97 hours. He never sent an invoice, time sheet or change order for the difference of time.

I am just wondering what my rights are..

 

[swalsh411]

There is no such thing as a "1099 employee". If you say this in front of a Judge you will look foolish. Forget the word "employee" entirely.

So you've paid him nothing at all? No wonder he is suing you. If you had nobody checking up on him at all during the process and he did a lousy job that's as much your fault as it is his. If after one day you were not happy with the work you could have paid him for the day and gotten somebody else but you let him work for almost 100 hours. Don't expect to walk out of court not owing him anything.

It would help your case if you have pictures to prove what a lousy job he did and that there is no way it should have taken 97 hours. You MIGHT get lucky and only have to pay him 50 hours.

Why don't you offer to pay him for 50 hours before you lose in court? He might accept.