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JerrySJD
JerrySJD, Attorney
Category: Business Law
Satisfied Customers: 821
Experience:  Attorney for business formation, business sales, tax, partnerships, sole proprietors and buy/sell agreements.
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I am in a situation unfortunately. I have had some great advice

Customer Question

I am in a situation unfortunately. I have had some great advice from here before and would like that advice again.
I am a contractor. I have my own LTD company (sole shareholder). I was placed in a contract for a client through a recruitment agency.

Due to the client conduct towards me, I still had completed the requested task and left/walked out. I know i breached my contract with the agency as I was suppose to give 2 weeks notice. I did inform the agency about this.

The client is now threatning to sue me and file for "loss of business". I know there isnt any or very very little loss of business as he can easily find a replacement.
There is no direct relationship between me or the client. Only through the agency.

I understand the client must prove loss of business. But can he sue me/file for loss of business? I am worried.

I have been reading the contract more and more and seems I maybe liable.

Quote:
"The Contractor shall be liable for any and all loss, damage or injury to any party howsoever arising (whether directly or indirectly)
and resulting from any breach of this Agreement or any deliberate or negligent act or omission of the Representative or any
assignee or sub-contractor to whom the Contractor assigns or sub-contracts the performance of the Services during the
Assignment."
Submitted: 2 years ago.
Category: Business Law
Expert:  JerrySJD replied 2 years ago.

JerrySJD :

Who signed the contract on behalf of the contractor?

Customer: replied 2 years ago.
that would be me. I am the contractor.
Expert:  JerrySJD replied 2 years ago.

So you signed the contract even though the recruitment agency placed you there?

Customer: replied 2 years ago.
That is correct
Expert:  JerrySJD replied 2 years ago.
Then they can sue on the contract,. As you stated, damages could be an issue. They can go to small claims court too. Is there any way you can get over there and finish up the job?
Expert:  JerrySJD replied 2 years ago.
Do you have any defenses? Did they do something wrong that made doing the work impracticable?
Customer: replied 2 years ago.

Who can sue? The client or agency? The agency has placed me in another contract within a couple of days of the "issue".

I could finish the job however I dont wish to work with the person. I'd happily finish without pay but working from home, however I know that the client wouldnt accept and would be very fussy/picky/asking more than what should be asked for and take advantage.

 

The clients professionalism/conduct towards me was unacceptable I have felt given the advice I had given to them to not do something. They did it and at the same time the conduct towards me was a problem (I felt to be treated like a dog and telling me how to do my job when they dont know how to do the job as thats why ive been put onboard)

 

I continued to do the task without question and then left at the end of the day and informed the agency about this.

Expert:  JerrySJD replied 2 years ago.

So they are in breach by not doing something you told them to do. That is important. If that impacted your performance, and your ability to perform. Plus their conduct made it an unworkable environment. Write down exactly what they said and did so you do not forget.

 

The can sue the client and the agency.

 

If they did not follow your advice and did and said some bad things, you can use it against them. Their conduct will make them look bad.

 

How much is involved here?

 

Do you think they are setting you up to make a claim for loss of business that is not justified?

Customer: replied 2 years ago.

Jerry, I enjoy your responses here. Thanks.

I do have the email communication which shows the conduct and manner from the client to me.

I advised the client not to do something in addition to telling them the impact on other work items to which at this point I got the "nasty" email. I also forwarded this on to the agency who were "shocked" at it.

 

indeed, I can use the conduct against them but would this not be dismissed given "loss of business"?

 

Not sure how much is involved here to be honest. But he claims 2 projects.

I am also not sure if they are just setting me up but I did get a "formal" email from them regarding the "threat" of filing against me and saying I have breached the contract. I know I breached the contract by not giving my notice period of 2 weeks but i had to do the walk given the conduct towards me and ignoring my advice, which in future would cause them some loss and I was protecting that.

Expert:  JerrySJD replied 2 years ago.

Having their email is very good for you. It is proof, written by them, they they were unreasonable and made working there impossible. Loss of income was caused by their conduct, and may not even be real anyway. If they are this unreasonable and unprofessional they like have other problems.

 

They can sue you and the agency, but you have a defense, with evidence.

 

If they do sue, be sure to answer in a timely fashion. Once you answer, the case can drag out. If it is in small claims, you will have a chance to tell the judge your side of the story and show your emails. Same in a bigger case. You can also counterclaim for your own lost opportunity caused by being tied up with them, such as contracts you did not take.

 

There is no excuse for disrespect. You have an email that shows their true colors. That will come in very handy

 

If you cannot work it out you have to wait it out. There will be ample opportunities to settle the case. You can even offer to finish the job if they will agree to take your advice an be civil, which they will not.

 

 

JerrySJD, Attorney
Category: Business Law
Satisfied Customers: 821
Experience: Attorney for business formation, business sales, tax, partnerships, sole proprietors and buy/sell agreements.
JerrySJD and 6 other Business Law Specialists are ready to help you
Customer: replied 2 years ago.

Jerry thank you. This guy even shouts and swears at his own wife, and other customers. We have all heard it.

Agreed, there is no excuse for disrespect.

 

So they can sue even if I have no direct relationship with them (i.e contract)?

 

I will accept your answer presently

Customer: replied 2 years ago.

Hi Jerry,

 

Given the fact that I live and work in the UK, does what you say change that matter?

Expert:  JerrySJD replied 2 years ago.
I have opted out to give a UK. Expert a chance to respond to you query.
Expert:  JerrySJD replied 2 years ago.
A U.K Law expert should chime in soon.

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