Question: How can a subcontractor recover unpaid invoices from a client when the general contractor is not pursuing payment? The subcontractor, general contractor, and client are all located in different countries.

Answer: The general contractor has the privity of contract with the client, and the subcontractor has the privity of contract with the general contractor. Given no privity of contract between client and subcontractor, the recommended legal action is to send a demand letter to the general contractor, emphasizing their responsibility of collecting and disbursing payments from the client. The letter should outline the subcontractor's rights under relevant laws, such as unjust enrichment and specific freelancer protection laws, to establish the general contractor's liability despite their claims of being a mere intermediary. If the demand letter fails to resolve the issue, consider filing a claim in a small claims court in New York, where the costs are low, and the process is simplified, allowing the subcontractor to represent themselves.
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Related definitions:
Demand Letter
Breach of Contract
Small Claims Court
Legal Process
Attorney Elizabeth Jennings

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