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Can I get out of this contract?

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J

jnuzzi

Guest
What is the name of your state?What is the name of your state? Florida

I am an independant contractor providing Software Engineering services. I am currently working on a 4 month contract. I am not happy with my current project and I am thinking about trying to get out of my contract. I am concerned by a couple of sections in my contract. It seems like they won't pay me for hours that I have worked if I try to get out of the contract. Please give my any advice possible. Here are the sections:

Term of Agreement
This Agreement commences on the date on which both parties have executed this Agreement and provided, however, without waiving its rights to any and all other relief in law or in equity, each party may terminate this Agreement upon giving thirty (30) calendar days prior written notice to the other party.

Termination
Purchase Orders shall terminate upon the earlier of Contractor's final completion of the Services or the cancellation of any portion of the Project which Contractor was to accomplish. If the Contractor's performance is deemed unsatisfactory by the End-Client or [Company Name] the Purchase Order will be cancelled immediately. In the event Contractor stops work prior to the final completion of Services, fails to meet any completion date for any aspect of the Services, or attempts to terminate a Purchase Order or this Agreement with [Company Name], any and all then unpaid compensation of Contractor shall be forfeited, and the Contractor shall be liable for any and all damages incurred by [Company Name] arising out of such termination or nonperformance.

A Purchase Order shall also terminate if the End-Client refuses or fails to pay any and all amounts owed to [Company Name], or breaches, cancels or repudiates its Agreement with [Company Name] or [Company Name] elects to terminate its Agreement with an End-Client. No termination of this Agreement for any reason or in any manner shall release Contractor from any liability or damage to [Company Name] or an End-Client arising out of, in connection with or otherwise relating directly or indirectly to Contractor's breach, default or failure to perform any covenants, Agreements, representations, warranties or obligations arising hereunder.​

Thanks
 


Yep...

Sure looks to me like you're there for the duration, or you don't get paid. These are the kind of contract us independents need to be careful of...its all them, and no you. If they cancel, the client cancels, or you cancel...you don't get paid.
 
J

jnuzzi

Guest
I was afraid of that. It just doesn't seem right that they can not pay me for hours that I have worked. I could understand if this was a fixed price contract but I get paid hourly. I would think that if I work 40 hours I should get paid for 40 hours.
 

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