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Other party is trying to change contract terms...

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badatthis

Junior Member
What is the name of your state (only U.S. law)? Maryland.

I am an IT worker doing corp to corp work via a staffing firm. When I started the job they asked that I use their standard corp to corp contract, and after reviewing it agreed that the terms were acceptable. We both (my company and the staffing firm) signed the contract.

Now they want to change the terms of payment, because they "need to reduce administrative costs." The contracts say "payment is due no later than 30 days from the date of submission of an invoice" but now they want to change it to payment is due 30 days from posting date, and posting date is Tuesday following any invoice submitted by 10 AM Monday.

Half the time I would submit my invoices on Friday's which meant they had 4 weeks (since they are not open on Sunday) to pay. I could live with the waiting until Tuesday but the major concern I have with the change is that if it's not in by 10 AM Monday morning, I have to wait 38 days to get paid. I expressed this concern to the person I was told by the firm I needed to talk to via an email (Actually I have sent 5 replies and gotten no response). Now they are holding my payments saying I have to wait till 30 days from posting date (which is the 38 days from submission date) and if I have a problem I need to talk with the person that will not take my calls or return emails.

Do I have options in a small claims court to force them to keep their end of the contract? Also can I ask for them to pay the court costs, as well as some type of penalty for my time I have had to spend dealing with this?

I do have everything in writing, and I add that the contract states that any change in terms must be in writing and signed by both parties. I have not signed an updated contract.

thank you very much for your help (in advance).
-BadAtThis
 


badatthis

Junior Member
Mainly I want them to be told that they have to adhere to the terms of the contract. Does small claims court have that power? If I had to go to court, I would miss the day of work, as well as the time to prepare for court. can that be considered damages? I do get paid by the hour that I work.


Thanks very much for the fast reply.
-Bad
 

seniorjudge

Senior Member
Q: Mainly I want them to be told that they have to adhere to the terms of the contract. Does small claims court have that power?

A: Generally, no.



Q: If I had to go to court, I would miss the day of work, as well as the time to prepare for court. can that be considered damages? I do get paid by the hour that I work.

A: You can't create damages when there were none before you filed the lawsuit. In any event, taking off to go to court is not considered as damages.
 

badatthis

Junior Member
Can you please tell me what type of court would have the power to enforce the terms of a contract?

thanks,
-Bad
 

badatthis

Junior Member
The work week is completed Friday, I submit my invoices by Monday. There is no earlier without submitting the invoice before the week is complete.

Thanks,
-Bad
 

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