Are civilian contractors subject to the UCMJ?
Secretary of Defense issues guidance on UCMJ jurisdiction over contractor personnel and other civilians supporting contingency operations. The clause specifically states that contractor personnel are subject to the UCMJ.
Are contractors considered civilians?
A civilian contractor is someone who works overseas under contract for the government or military. In this field, you can also work for non-governmental organizations, private military contractors, and other foreign contracting services. Civilian contractors provide numerous support services to the government.
Do Army civilians fall under UCMJ?
Similarly, civilians are generally not subject to prosecution under the UCMJ, unless Congress had declared a “time of war” when the acts were committed. As a result, these acts are crimes, and therefore criminally punishable, only under the law of the foreign country in which they occurred.
What are the legal options for contractor disputes?
Your county may have one as well. Mediation. Typically, this is a retired judge or senior construction litigator who hears the respective positions of both parties in the general contractor dispute. Mediators help each party understand the other’s point of view and facilitate a settlement. Their opinions aren’t binding on either party.
What should I do if I Cant get a contract with a contractor?
If you can’t agree on mediation or arbitration, try small claims court, which differs from traditional civil court: They’re limited to small amounts, with upper limits usually in the $3,000-$5,000 range. They assume you won’t be using an attorney and tend to provide user-friendly instructions on procedures.
What’s the best way to sue a contractor?
Costs vary widely by location and the level of complexity, but as both parties share the cost, you’ll probably spend less than you would in litigation. If you can’t agree on mediation or arbitration, try small claims court, which differs from traditional civil court:
Can a contractor Rob Peter to pay Paul?
Contractors often “rob Peter to pay Paul,” as the old saying goes. In other words, they use the funds they collect from one customer to complete or pay for the job of another. It’s a dangerous way to run a business, but many contractors do it.
Where can I go to resolve a contractor dispute?
A state or local agency. Your state’s contractor licensing agency may have a resolution program for general contractor disputes. Your county may have one as well. Mediation. Typically, this is a retired judge or senior construction litigator who hears the respective positions of both parties in the general contractor dispute.
Can a contractor be a member of an organization?
Neither the homeowner nor the contractor needs to be a member of the organization. You must get the contractor to agree to mediation. (Good luck!) Mediators and arbitrators look to the contract for guidance. If you have a badly written one, you may be out of luck in mediation.
If you can’t agree on mediation or arbitration, try small claims court, which differs from traditional civil court: They’re limited to small amounts, with upper limits usually in the $3,000-$5,000 range. They assume you won’t be using an attorney and tend to provide user-friendly instructions on procedures.
Can a contractor refund money you have already paid?
The catch: A contractor probably won’t refund money you’ve already paid. If you’ve written any checks up front, this tactic can be costly. Some construction contracts include a binding arbitration clause, where parties agree to resolve disputes by arbitration rather than in court.