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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 9858
Experience:  30 years of corporate, litigation and international law
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For a software contract we have a clause that states that if

Resolved Question:

For a software contract we have a clause that states that if the client stops participating in the development process for a period of 45 days we will close the project and consider the work completed.

We have a situation in which a difficult client keen on wasting our time stopped answering our emails and ignored us for 3 months. After the hiatus, the client is back and wants to pick up where the project left off. The work is about 40% complete.

Question:
We want to use the clause to consider the project completed and end our relationship. How enforceable is this clause in case the client chooses to litigate against it? Are there any concerns that our clause will not hold up in any theater the client may use to argue against us?
Submitted: 5 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 5 years ago.

bizlaw :

Is the client a business or a consumer?

bizlaw :

If the customer is a business then there is a good chance that the contract will be enforced. If it is a consumer your chances are still good but not as good. If there was any discussion of the provision then your chances of enforcement go up. Overall I would expect the contract to be enforced.


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