If we built a custom manufacturing machine for one of our customers that it now seems intent on delaying payment, is there any legal action we can pursue to get paid?

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If we built a custom manufacturing machine for one of our customers that it now seems intent on delaying payment, is there any legal action we can pursue to get paid?

The terms were payment after successful run off. They keep changing the rules on what they would like to see done to render this machine production capable. I see it as they are delaying payment. They are using this machine for production and selling product from it. I would say that is production capable.

Asked on September 11, 2015 under Business Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your recourse is to sue them for breach of contract, or violating the terms of the agreement between you by not paying when payment is required--based on what you write, you seem to have satisfied the contract and so they should pay. You could also sue for unjust enrichment--they are unjustly, or unfairly or inequitably--"enriched" by having the use of, and profiting from, your machine without paying for it. A lawsuit is how you get money from people who should pay you, but don't.


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