Contract breach by non profit

[ssparks]

What is the name of your state (only U.S. law)?
non profit is dc based we are llc incorporated in del doing business from va


What is the name of your state (only U.S. law)? Non profit is DC based, LLC (ourselves) corp in DEL office in VA

basically we had a contract with a non profit and they want to cancel, at first the contact who is trying to cancel, at the non profit wasn't even looking at the correct contract when she tried to cancel, she referred to a clause in the irrelavent contract and then when i corrected her on which contract she should be looking at she is now trying to state that the person who signed the contract wasn't authorized.

some background

the contract was signed early 2011 by the director of communications at the non profit, this director was the sole point of contact and had signed SOW's and contracts before. the non profit has been recieving services and making payments on this contract for 19 months of the 24 month period.
the director of communications has left he organization a while back
director of finance requested the contract in february of this year and i sent it to her, at that time and since they never objected to the validity of the contract or who signed it

this is termination language
This support scope of work will be maintained on a month to month basis for a period of 2 years from the date signed and can be terminated by NMAC with a 90 day written notice. Solution Sparks LLC can terminate with a written notice no less than 30 days.

but again at this point they are trying to challenge the validity of the contract rather than the cancellation term at this point, we have substantially performed, no where on the contract does is list that only certain persons are authorized to sign the contract and the director of communications who did sign had signed other contracts / SOW's before so this wouldn't be out of the ordinary

can they terminate based on non valid signature?
can they terminate with out notifying us in writing with a 90 day lead time?

thanks again everyone!

 

[Mass_Shyster]

the contract was signed early 2011 by the director of communications at the non profit, this director was the sole point of contact and had signed SOW's and contracts before. the non profit has been recieving services and making payments on this contract for 19 months of the 24 month period.

This implies that the director has apparant authority, if not express authority.

You can tell them that if the contract was never formed that they are now liable for 19 months of service at the non-contract rate of (pick a number) per month.