I contracted a company to ship my vehicle and the contract between us states that they are not responsible for interior damages or theft of after market accessories in the vehicle. The company then subcontracted the shipment to another company. The after market accessories were stolen and damages done to the interior of the vehicle. Is the contract still binding if I did not sign the contract with the subcontractor(third party). Who can I sue for this damages.
2007-10-26 05:47:07 · 6 answers · asked by MaduekeNine 2 in Politics & Government ➔ Law & Ethics
You can sue both at the same time! Send a demand for damages to the contractor... give them a reasonable amount of time to pay. If they don't file suit naming the contractor and sub-contractor as defendants.
2007-10-26 06:00:26 · answer #1 · answered by Daniel 6 · 0⤊ 1⤋
I would imagine the contract is still binding unless your contract specifically stated that they would NOT be allowed to subcontract the work out to a third party. Even still, I would contact them to see if they will do anything for you, and if not, contact a lawyer. Sometimes just the threat of legal action will spur a company to cough up damages, just to avoid going to court. Of course, it could backfire...
2007-10-26 06:07:54 · answer #2 · answered by LindaLou 7 · 0⤊ 0⤋
Until a few weeks ago, I was a self-employed courier and had a contract with one of the large, international companies. If I had too much work, I sub-contracted and in fact was expected to. This was a clause in my contract. As for your problem, I think the contract is still binding but if your contract stated that they were not responsible, the sub-contractors would be part of that contract and you might have trouble suing anyone because of this.
2007-10-26 05:56:15 · answer #3 · answered by Anonymous · 0⤊ 1⤋
The sub is under the same contract as the original contractor. Even contracts are susceptible to conditions of reasonable care. You may have grounds for a suit. I don't think I would ever sign a contract that stated stealing items was acceptable.
2007-10-26 06:01:34 · answer #4 · answered by sensible_man 7 · 1⤊ 0⤋
Usually a lot of companies out there sub-contract out for shipping things like that. Start with the company that you contracted with, if they won't help you, go next in line. If neither will help you, get a lawyer. You will get paid for it one way or another.
2007-10-26 05:50:43 · answer #5 · answered by crzygrl 2 · 1⤊ 0⤋
The company you signed with is responsible to you. Subcontracting is very common in almost ever thing we do anymore. You will have to go after the company you signed with and then they will have to go after the company they hired.
2007-10-26 05:56:51 · answer #6 · answered by cliff1224 4 · 0⤊ 1⤋