Jilted Contractor

[Blondie]

I am an Independent Contractor for a large Internet Service Provider. I have a signed contract with this corporation. In my contract it states that I will be paid within 10 business days upon approval of my invoice. My invoice is approved locally and mailed to headquarters for payment. I bill on a weekly basis. I have not recieved payment in over 1 month, yet I have been submitting invoices. Accounts payable does admit to having them, and told me that my check would be cut 9 days ago, apparently this was a lie. I have contacted my supervisors supervisor, and nothing has happend.
The company that I have this contract with has breached a contract that they wrote. Do I have a right to sue them? Does this breach make the whole contract breached?
My contract also states that either one of us can terminate the contract with 20 days written notice, do I still have to give the notice as they breached the contract?
Am I entitled to payment for those 20 days if I sue? I have currently told them I will not go into the office until I have recieved payment for my invoices, is this legal?

Thanks!!

P.S. My contract is for a Michigan based company, but I am an Ohio contractor, working for one of thier locations in Ohio.

[This message has been edited by Blondie (edited August 11, 2000).]

 

[JETX]

A lot of the answers you are looking for are contingent on the wording of the contract. You need to review it from a 3rd party perspective and see what options and hindrances the contract has.

Notwithstanding any contract clauses, and based on your message, it sounds like you can sue them for breach. However, your only direct damages are for the loss of pay for hours worked, and possibly for the loss of future pay of 20 days (depends on the contract).

My suggestion: Send the company a certified letter. In it, make your claim for your unpaid hours and advise them of your 20 day cancellation notice. Then, if necessary, take them to court for your damages.


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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!