I'm a contractor who has worked with a particular client for 4 years. At the end of each season I turn in my labor hours

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Customer: I'm a contractor who has worked with a particular client for 4 years. At the end of each season I turn in my labor hours on an invoice for payment. For the last 3 years labor totalled just shy of $6,000. The past 3 years this was paid with no mention. This year there are two sudden changes. First, the client said he's going to arbitrarily pay me $4,050 instead of the $5800 that was billed. Second, suddenly a policy is instituted where, with every invoice, we have to have a document notarized ( I have to pay for notary) that says no further money is owed per that month with the resolution of the invoice. So if I agree to accept this $4,050, (I need it, I'm a landscaper in my off-season where income is very scarce) I'll be unable to take the client to small claims court for the remaining $1800 or so.1. Is the client suddenly able to require this documentation on work already executed? (In other words, don't we have to agree on this is how things will be from this point forward? )
2. Is it legal for me to have to pay money in order to get paid? (Notary cost)
JA: Some laws are different depending where you are, so could you clarify what state you're in?
Customer: Nevada
JA: Are there any relevant dates or timelines to consider with this?
Customer: I meet with the client next week to discuss this
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nope

Answered by legalgems in 1 min 4 months ago

legalgems

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legalgems

76882 Satisfied customers

10+ years of experience

legalgems

10+ years of experience

76882 Satisfied customers

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legalgems, Expert

Hi! 1st let me say I understand legal issues are emotional and stressful as well. Despite that, I'm here to help. One moment please as I review this.

Customer

Sure.

legalgems, Expert

Oh I am so sorry especially after four years of a working relationship. So you are asking if you can sue if you sign that?

Customer

First, can he institute policy on past work? And yes, if I accept that lower amount can I then sue in small claims for the remainder

legalgems, Expert

Unfortunately no. If a person waived their right to a claim and agrees to a lesser amount they cannot later sue. The lawsuit would not be allowed.

I’m so sorry. So if one refuses to sign they can sue for the full amount. I’m sorry they are not going by the agreement. That is dishonest and a breach of the contract. Please let me know if you need further clarification otherwise I hope you receive full payment.

Customer

Ok. My initial question was: can they institute a policy such as this retroactively? In other words, since we have an established way of doing business, for them to make such a drastic change in procedure, doesnt it have to be agreed upon by both parties, and therefore applied in a "moving g forward" type manner? All business done from this day forward will require a notary signature, etc, instead of, we changed the policy and it goes into affect for invoices already turned in?
My last question was, is it legal for them to require me to pay a notary in order to get payment from them? Why should I pay for a notary that protects them?

legalgems, Expert

There is no obligation to agree to anything that amends things retroactively. One can only amend the agreement retroactively with mutual consent.

As far as paying for a notary one may agree to pay for it but they cannot be forced to.

legalgems, Expert

Please let me know if I touched on all your points. Thank you.

Customer

Ok, they do not have mutual consent to change the procedure for work already finished and invoices turned in prior to this announcement. How do I bring this into the conversation next week? There's a statute or something I can toss on the table to prove he can't apply this to invoices already submitted

legalgems, Expert

There is not a statute. It is rather common law contracts. There must be an amendment to amend a contract otherwise the original agreement stands. I really can’t advise on what to say as only a personal attorney can provide that service but generally one would state they are adhering to the original agreement until it is modified by mutual consent or terminated.

Customer

Ok. I can figure out a way to make that work.
How about the notary aspect I inquired about?

legalgems, Expert

A person cannot be forced to pay for a notary. They may choose to but would not be required unless there is a contract with that clause. Does that make sense?

Customer

Ok. So everything must be agreed to by both parties, probably on paper which is signed and dated so that all business handled after that date will be in the agreed upon manner. Therefore, any outstanding business yet to be resolved will go according to way that it has in the past. Is that more or less accurate?

legalgems, Expert

that is an accurate summary. I’m sorry after such a long history working together this became an issue. Please let me know if I addressed this to your satisfaction or if you have any follow up questions!

Customer

I appreciate it.

legalgems, Expert

Hope you are able to negotiate favorable terms going forward. Good luck.

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