Hello, we have two issues; one financial and the other is a client contract query.

Hello, we have two issues; one financial and the other is a client contract query. The first - we're a security company who provided security services to an apartment complex. Contract name was in the owner's name, however our client signed on their behalf. Client did not pay and it became very difficult to get anywhere. Eventually, services was terminated; this was 2023. Client eventually shared that owner is using another property management company, name which they shared with us. We then passed the account to a debt collector, but was advised nothing could be done because the management company was changed to another and confirmation was required to prove that the new property management was taking on the debt. Upon checking with the "new" property management company, we found out that this specific property is not under their management. As a result, we now have no idea where to go/what to do and to date we still have not been paid for any of the invoices. Second - how can we as an SME, navigate when our client stipulates in their contract that the owner is responsible for all invoice payment? What legal grounds do we have, when and if (for example as part 1); the client does not pay because the owner did not pay them? How do we protect ourselves legally; what rights do we have when this happens and where do we go to if this is to occur to recover overdue payments? Thank you.

Hello Dolan, thank you for responding. We were requested by the client to put name of the owner on the contract and so the owner is listed as the CLIENT with no involvement of the Property Management company. This is regarding the first part of our initial query. For the second part, the prospective client sent us a draft contract and the clause specifies that the owner will be responsible. For you to quickly review, I have attached the contract sent by us to the client who owes and I have also included the draft contact from the prospective client.

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Hello Dolan, we are owed $******** plus $****** in interest/late fees. We have exhausted efforts such as made several contacts with the property manager and they eventually changed the property manager. Then one of the regionals told us that the property is under another management company. The regional give us the email address of the transition manager at the new company, but he never responded after emails were sent and phone calls were made. Eventually we passed the information to a debt collector and they said they couldn't help because the contract is now under new management and this management company must claim responsibility of the bill. We then found a number for the new management company and was told that out of the two locations we were querying, that they're only responsible for one and it wasn't the in the contract we sent you (for ********). When we googled we found another company looking after ******** but no one is answering the phone. This is why we are now seeking legal advice as we are unsure on how to handle this. We understand we cannot place a mechanics lien etc, and not sure if we are to go directly to the owners. All our communications with our client *** ****** regarding the outstanding amount spanned from **** 2023 to **** 24. We even went to their ******* ** and spoke to someone at the front desk, contacted various Regional managers and got nowhere. We are just unsure at this point on what to do legally.

Yes we would like to know our rights as to whether we have to use an attorney, what will the process be and cost etc and how are we to protect ourselves in the event something like this happens again. For example the draft contract I sent, the client wants us to sign it. However, they are not taking any responsibility for payment, the owner is. If the owners doesn't pay them and they don't pay us, what do we do when we have limited information for the owner? Are we legally entitled to request the owner's information from our client? I assume that it is legal for the client to be the "middle man" but not responsible for paying. However, when payments aren't made, they remove themselves and so a vendor one is left unsure on what to do next. So yes, we would like to know our rights in both cases, first with recovering the outstanding balance and how to protect ourselves in the future.

No that's it, nothing else. Thank you!

Hello Dolan, thank you for answering the questions. I do have another question. What happens once the breach of contract is sent? Is it something they can ignore and still refuse to pay what they owe?

Okay, all noted. We will have to mail it to the owners as we have no email contact for them, but to the PM we can email it. Thank you for the advice!!

No for now, no further questions, you have covered everything for us. Thank you.