I'm wondering if someone can tell me if I have a valid small claims
suit.
I'll be brief:
I am a web programmer who was hired by a client of mine to work on a
website
for one of their clients. Although I had contact with the end-client
from
time to time, I worked through my client as far as billing is
concerned (I
billed them, who in turned billed the end-client). The end-client
was a
royal pain in the rear: unrealistic demands, constant
micro-managing, etc.
It was starting to consume my life. We completed the contracted
work. I had
no contract with my client (who is a good company to work for), but
they had
a contract with the end-client. After the contracted work was
completed, we
kept making small changes here and there. The final invoice
(post-contract
work) was $1,350.
However, after growing exceedingly frustrated by the demands of the
client,
I walked off the job (after completion of contracted work). I just
said I'm
not going to continue to work with this guy due to his attitude,
etc. I
finished all work that had been assigned to me at that point. I do
NOT want
to sue my client as it's not really their fault and they are good
people.
However the end-client is refusing to pay the last invoice of $1,350
which
covered miscellaneous changes, additions outside of the contract,
etc. as a
"penalty" for me quitting the job.
Do I have any recourse here without suing MY client (it's the
end-client who
is refusing to pay), even though it's my client who I send invoices
to? I'd
like to get my final payment, but I'm not sure if I really have a
viable
suit.
A lawsuit against the end-client could conceivably be viable, if the
immediate client was acting as an employment agency, or as agent of
the end-client, or created a third-party-beneficiary contract
(unlikely). Most likely, you would lose on the grounds that
non-payment is not a breach of contract if the defendant had no
contract with you. You can sue the immediate client. You can drop it
for relationship reasons. You can sue both and explain to the
immediate client that you love them and are including them in the suit
only because you have no other way to collect.
McGyver
