Billing Delay

[Jim Frame]

I did some settlement monitoring work for a civil engineer last year in connection with a lawsuit. The work comprised monitoring events in January, April, July and September. I didn't invoice the July and September work until early December, and just now called the CE to follow up. He's balking at the bill, saying that I should have alerted him to it, and that it's too late for him to invoice his client because the case has settled (so to speak).

I also noticed today that he hasn't paid the invoice I sent last May for the April work, but that's kind of a separate issue, because it was billed in a timely manner.

Our contract doesn't specify a time between completion of work and invoicing, nor does it address collections -- it simply says that payment is due 30 days from date of invoice.

He hasn't gone so far as to say he won't pay, but his tone of voice suggested that he's leaning in that direction. In the event I have to file a Small Claims action against him, I'd be interested in hearing about any rulings that might bear upon billing delays.

And yes, I acknowledge that I wouldn't be having this problem if I'd been more diligent about billing and collection.

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[land butcher]

Unless there is something in the contract that implies timely billing or billing within XX days I would say you are entitled to be paid.

The CE should have checked with you before making his final billing assuming he is the one that scheduled you.

I had a CE recommend a contractor hire me for the staking on a job he designed. He held his "within substantial compliance" until he got paid but didn't ask me if I had been paid. I ended up having to file small claims and got paid by certified check at 7pm the eve of the court date.

From the very beginning I send my invoices monthly on long term jobs, or with the cut sheets/reports on jobs I am on every few months. I have had contractor's say they never got my invoice, when I ask if they have the cut sheets and they say yes I tell them "Well it was in the same envelope" and watch the phone turn red.

[Oxnard Kurt]

If you have done work for this CE before, then you should have a idea if he is a slow payer or not by now. The fact that the work was for a lawsuit would have given me pause. But that does not help you now.

There is no statue of limitations applicable here.I think I would send him my bill now certified with reciept rquired. Then see what he does. You should have no problem in small claims. You are talking only months not years.

[jcoffey]

Jim - Did you submit any monitoring reports or cutsheets around the time you were performing work? If not, did the CE know that you were supposed to be out there then?

Even if the answers are no then legally I see no reason you can't pursue your money the same as if you had billed right away.

But this sounds like an irritation and procedural headache (for him and everyone down the line) more than a legal issue. His (attorney?) client may have thought the matter was closed and an insurance company 'closed' their case, AP would no longer process checks, etc. And now he's got to go back to them and say 'ta-da, here's another bill from my subconsultant'. As you already suggested in your post, the biggest risk is geting blacklisted for it with one of the entities affected by the late bill. The attorney could say 'well Jim does great work but if he sends out bills months later, we can't work with him because we can't be going back to the insurance company with new bills after they've closed their file'. I've seen insurance companies and attorneys actually say that. That would cost you more than the amount on the one bill.

The fact that he hasn't paid the May bill is hopefully evidence the case is still open, reducing the CE's frustration to merely an uncomfortable phone call or e-mail.

[Jim Frame]

did the CE know that you were supposed to be out there then?

He was on site during every monitoring event -- all personnel had to get checked in by a representative of the plaintiff's attorney -- so there's no question that he was aware of the charges that were accumulating. What the situation boils down to is that his project management was even worse than mine.

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[Dave Karoly, PLS]

Moe, "Sidown, yor ina Court, not Clancy's poolroom!"

Curly, "I'm a victim of Coicumstance."

Moe, [SLAP!] Sidown!!!