PA - Contractor, Late Payments

[IndependentContractor]

Hello. I am an independent contractor in PA, with two issues:

1. I am not being paid on time, and I have a significant amount of money owed outstanding. I have reason to believe the company I am in an agreement with has cash issues. The amount of money owed to me is increasing daily.

2. I have a non-compete with this company, for a period of one year from the last date of contact.

In the agreement I signed, the termination clause states, "Service Provider (me) may terminate this agreement sooner in the event of the Company's breach or its failure to adequately and/or sufficiently perform its duties hereunder."

The agreement also sets the terms of payment that they are not keeping. Does the late payment (consistently, for 4 for months now) count as a failure to adequately and sufficiently perform its duties?

On top of that, it says I need to give them two weeks notice for termination in the event of my inability to complete this assignment. If I terminate due to their inadequate performance, am I obligated to give them this notice?


If this is the wrong forum for this question, let me know. Thank you in advance for your time.

 

[HRZ]

AS an aside...a good number of so called independent contractors are misclassified and are employees . Tell us a bit about what you are doing , how you are paid ..by project or what ...how much control you have. As to where what gets done ...no names

 

[IndependentContractor]

I am very much an independent contractor. I work on whatever schedule I want, on my own equipment, with very little instruction. I am working on a specific project, with an end-date.