LImit on time to file suit for breach of contract

[tiny]

On August 31, 1994 I signed a contract as follows:

This agreement is between DHW and RBA for the performance of work related to the software product currently referred to as "Yield Management WERKS". For services rendered during the period May '94 thru June '94, DHW agrees to pay RBA the sum of $4,000. Payment will be made in eight (8) installments of $500 each. Each payment will be sent within ten (10) days of the receipt of proceeds from the first eight (8) copies of "Yield Management WERKS" sold at greater than 50% or retail price.

Since more than 5 years has passed is still possible to pursue a breach of contract suit if I know that at least one of these products has been sold? What is my burden of proof for breach of contract? Any other recommendations as to how I might pursue payment of these obligations from this Indiana corporation?

Thank you.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tiny:
On August 31, 1994 I signed a contract as follows:

This agreement is between DHW and RBA for the performance of work related to the software product currently referred to as "Yield Management WERKS". For services rendered during the period May '94 thru June '94, DHW agrees to pay RBA the sum of $4,000. Payment will be made in eight (8) installments of $500 each. Each payment will be sent within ten (10) days of the receipt of proceeds from the first eight (8) copies of "Yield Management WERKS" sold at greater than 50% or retail price.

Since more than 5 years has passed is still possible to pursue a breach of contract suit if I know that at least one of these products has been sold? What is my burden of proof for breach of contract? Any other recommendations as to how I might pursue payment of these obligations from this Indiana corporation?

Thank you.

<HR></BLOCKQUOTE>


My response:

Since we don't know your State and/or the State where this contract was entered into, we cannot assist you. All we know is that it's an Indiana company, but that's not enough info.

IAAL


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[tiny]

Florida is the state in which the contract was signed and the services were rendered. These services were rendered for a startup company and it was expected that it could be some time before a product was sold. Several of the products have recently been sold so I am hoping to recieve compensation per the contract but have been told No because of financial issues.

Thank you again.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tiny:
Florida is the state in which the contract was signed and the services were rendered. These services were rendered for a startup company and it was expected that it could be some time before a product was sold. Several of the products have recently been sold so I am hoping to recieve compensation per the contract but have been told No because of financial issues.

Thank you again.<HR></BLOCKQUOTE>


My response:

Florida has a 5 year Statute of Limitations for Breach of a Written Contract. Sorry, but you blew it. Game over. You should have renegotiated the contract before the Statute ran out. Now, in order to prevail, and get paid, you'll have to prove fraud.

IAAL

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."