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| Вт, Сен 26, 2006 04:05pm Alex - 6437 d back | ↑↓ |
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I am drafter. Company on subcontract bases hired me to perform a drafting project (construction document). We agreed on a flat fee according to the job specs. I had to work on this project at the companie's office. The boss kept on asking me to do different changes and revisions in the original construction document. I ended up spending over 240 hours on those revisions when the project was supposed to take only 280 hours in total. I want to sue my boss so that he would compensate me for having me to perform various revisions. My billing rate is $35/hr ($8,400). Can I sue my boss so that he would pay me for over-time and under what theory. Do I have a good case?
Thank you for your help.
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| Ср, Сен 27, 2006 09:53am Адвокат Игорь Громов - 6436 d back | ↑↓ |
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You can sue your boss under contract theory. Ideally, I can't answer until I see the contract. If you were hired on an hourly basis, he owes you for the hours you spent doing the revisions, if the revisions were not due to your fault. He won't have to pay you over time because you were not, most likely, an employee, but a subcontractor.
Igor Gromov
Attorney
(312) 953-4801
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| Чт, Сен 28, 2006 12:53am Alex - 6435 d back | ↑↓ |
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He hired me for a flat fee for a proposed project that was supposed to take 280 hours. I accepted through an email. While we working on the project there were constant revisions that took up another/additional 240 hours. At the end I told my boss to pay me for the additional 240 hours. He refused. I am considered a subcontractor. Can I sue him. There is no contract per se. What would you charge?
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| Чт, Сен 28, 2006 07:57am Адвокат Игорь Громов - 6435 d back | ↑↓ |
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You can sue him and probably win. Expect him to have a completely different story in court, for example that you completely messed up the project and had to redo it. I try to stay away from cases like these. I have enough work now so sorry, I can't take on your case.
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| Чт, Сен 28, 2006 05:09pm Alex - 6435 d back | ↑↓ |
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I spoke with several attorenie's that specifically practice contract law and they said that I can't win. So how do you figure I can?
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| Чт, Сен 28, 2006 05:27pm Адвокат Игорь Громов - 6435 d back | ↑↓ |
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They probably said you can't win because they don't want to touch this case, because there's no money it in for them. I said you can "probably win". It's not just the law of contracts, but common sense, which judges have. You get hired to do x amount of work for x amount of dollars. You, as you claim, do the work correctly, but the other party to the contract keeps, due to no fault of your own, changing the terms of the contract and demanding more performance from you for the same amount of money (his performance) he's paying you. You don't have a written contract in place, so you have no provisions that govern what happens if the work needs to be modified, thus it's a simple case from a theoretical standpoint, but without a written contract, can be hard to prove, because he'll have a completely different story. He is going to say that you completely screwed up and it's not his fault that you had to put in more hours to correct the situation. The winning party is going to be the one the judge is going to believe.
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| Вс, Окт 1, 2006 05:16am Legal Info - 6432 d back | ↑↓ |
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Here is the correct answer.
You worked, but you did not have a contract. You agreed to a flat fee, and you never ones objected to revisions. You are therefore out of luck. You will not prevail and you can bank on it. Any decent contract attorney would tell you the same. Next time you need a good contract we will assist you.
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