What is the name of your state? California
I entered into an agreement to create an arts project about 10 years ago, and I would appreciate your advice some issues about the contract.
Here is some background information about the circumstance:
1) A contract was signed about 10 years ago to begin the arts project.
2) There was no money that changed hands upon singing the agreement, although there was an agreement about dividing a portion of profits from the project.
3) I was in California, and the other party was in another state.
4) The other party was supposed to deliver some materials to me, as specified in our written agreement, within a certain number of days at the beginning of the project, and it has been a few years and they did not deliver those materials, even though I reminded them a few years ago.
5) In our agreement, it states that a fax of the agreement is acceptable, "provided" that a signed copy of the agreement is mailed within 10 days of the signing of the contract. (No signed copies were mailed).
So, here are my questions (thank you for offering your feedback) :
1) In California, there is a 4 year statue of limitations that apply to being able to sue because of Breaches of Contract. Does this apply if the offended party wants to terminate the contract after the statue of limitations?
2) Since the parties did not mail in original signed copies to one another (as stated in the agreement), is the contract invalid?
Thank you for your thoughts and feedback.