What options do we have when a company won’t honor their contract?

My fiancé was awarded a janitorial contract about 6 months ago. Per the contract he is to be paid 30 days after invoice. He has only been paid on time twice and now they are telling him that they won’t cut the check until after the 1st Monday of the month. What can he do to ensure he gets paid Like he is supposed to? Govt contact was awarded to this company to run a daycare facility. He is subcontracted to clean it.

Asked on November 9, 2011 under Business Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is only one recourse when another person or entity does not honor its contractual obligations: sue them to enforce the contract. If he is not being paid when the contract calls for, he could sue to obtain a court order forcing them to do so. Obviously, this is a drastic option: it costs money to bring a lawsuit, and will damage his relationship with the company. It may make sense to not take action, if he is ultimately being paid everything due to him.

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