Can I Possibly Sue 3rd Party Not Directly Contracted With?

[ddeveaux]

What is the name of your state (only U.S. law)? GA
Staffing Firm is in RI
End Customer is in GA

My GA S corp (Consultant) contracted with a staffing firm (Staffing Firm) in a Corp to Corp agreement for IT consulting. The agreement stipulated that only the specified individual in the contract (me) could perform the services.

Staffing Firm contracted with End Customer to provide staffing for these services. End Customer is not a signatory on our agreement. So Consultant was doing IT consulting for End Customer. Hours were submitted to End Customer who was supposed to approve them. After approval, the hours were sent to Staffing Firm who then paid Consultant.

The dispute is that End Customer delayed approval of a bucket of hours for months, and still never approved them, and also didn't approve another bucket of hours. Staffing Firm is saying there is nothing they can do since it was up to End Customer to approve any hours so they are throwing up their hands.

Is there any statute that might enable us to file a suit against the End Customer vs. the Staffing Firm? It appears if this was W2 that it might fall under coemployment...but it's not W2. We want to sue End Customer because in same state and, more importantly, since they actually (dis)approve the hours it seems will be easier to understand evidence.

Thanks,

 

[Zigner]

You already asked this question previously. Why did you delete that thread?


ETA: Sue the staffing company - that's who you have the contract with.

 

[Zigner]

Ahh, I bet this is the same matter as in this thread: https://forum.freeadvice.com/small-claims-courts-24/obtaining-small-claims-forms-rhode-island-superior-court-607543.html

You didn't like the answers, so you decided to attempt to reshape the question.

 

[ddeveaux]

Ahh, I bet this is the same matter as in this thread: https://forum.freeadvice.com/small-claims-courts-24/obtaining-small-claims-forms-rhode-island-superior-court-607543.html

You didn't like the answers, so you decided to attempt to reshape the question.

No it's a completely different question this time. Yes it's related but trying to see if any option not to sue staffing company as it's more complicated.

 

[TheGeekess]

No it's a completely different question this time. Yes it's related but trying to see if any option not to sue staffing company as it's more complicated.

Same situation, though.

 

[ddeveaux]

Ahh, I bet this is the same matter as in this thread: https://forum.freeadvice.com/small-claims-courts-24/obtaining-small-claims-forms-rhode-island-superior-court-607543.html

You didn't like the answers, so you decided to attempt to reshape the question.

Ok I tried.

 

[latigo]

What is the name of your state (only U.S. law)? GA
Staffing Firm is in RI
End Customer is in GA

My GA S corp (Consultant) contracted with a staffing firm Staffing Firm in a Corp to Corp agreement for IT consulting. The agreement stipulated that only the specified individual in the contract (me) could perform the services.

Staffing Firm contracted with End Customer to provide staffing for these services.End Customer is not a signatory on our agreement. So Consultant was doing IT consulting forEnd Customer. Hours were submitted to End Customer who was supposed to approve them. After approval, the hours were sent to Staffing Firm who then paid Consultant.

The dispute is that End Customer delayed approval of a bucket of hours for months, and still never approved them, and also didn't approve another bucket of hours. Staffing Firm is saying there is nothing they can do since it was up to End Customer to approve any hours so they are throwing up their hands.

Is there any statute that might enable us to file a suit against the End Customer vs. theStaffing Firm? It appears if this was W2 that it might fall under coemployment...but it's not W2. We want to sue End Customer because in same state and, more importantly, since they actually (dis)approve the hours it seems will be easier to understand evidence.

Thanks,

No big deal. Both firms are liable.

Just instruct the attorney for GA S Corp to file suit against both End Customer who benefit from the services and RI Staffing Firm that contracted for the services alleging that the latter defendant is subject to the personal jurisdiction of a George court citing:

Georgia Long-Arm Statute
Ga. Code Ann. § 9-10-91
§ 9-10-91. Grounds for exercise of personal jurisdiction over nonresident
A court of this state may exercise personal jurisdiction over any nonresident or his executor or
administrator, as to a cause of action arising from any of the acts, omissions, ownership, use, or
possession enumerated in this Code section, in the same manner as if he were a resident of the state,
if in person or through an agent, he:

(1) Transacts any business within this state;

______________________________________

In the future please avoid blotchy, bold type! No need to highlight the names of the players.