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Attorney & Mediator
Attorney & Mediator, Lawyer
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Experience:  Attorney & Certified Mediator
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I am sending a breech of contract that I have downloaded from

Customer Question

I am sending a breech of contract that I have downloaded from nolo.com

I am wondering if it is reasonable to set a cure period of 10 days?
Can I legally request in the document that the cure is that all back pay needs to be paid within 10days, instead of waiting for pay Net15 which was origionally agreed upon?
If I continue to work can I also set new terms as a cure such as the pay that I have yet to bill be paid Net 7 instead of Net 15?
Submitted: 3 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 3 years ago.

More information is needed please:

 

 

I am sending a breech of contract that I have downloaded from nolo.com

 

Do you have a link of what you sent? Is this a demand letter notifying the other party of a breach?

 

I am wondering if it is reasonable to set a cure period of 10 days?

 

Cure for what purpose? Is this a landlord tenant matter?


Can I legally request in the document that the cure is that all back pay needs to be paid within 10days, instead of waiting for pay Net15 which was originally agreed upon?
If I continue to work can I also set new terms as a cure such as the pay that I have yet to bill be paid Net 7 instead of Net 15?

 

What are the current terms of the agreement?

 

How where those terms violated?

 

What are the terms regarding liability?

 

 

Thanks

Customer: replied 3 years ago.

Sorry I asked this question to someone else who was helping me so I didn't include all the info..

 

I work an independent contractor for a employment services company client that promise to me net 15. 3 weeks ago the first payment was due and the employment agency avoided me and did not return my calls. When they finally spoke with me the guy ask me to "chill out" and that I would receive payment in 48hrs.

 

Once I received the payment he sent an email stating that he would pay on time moving forward. Well 3 days later still no pay and no communication.

 

I really like the client and I would hate to stop waking the project but if the employment agency won't pay me I need to take actions. At the current they owe me 10,000 and will owe 15000 next week. I don't wont to give them the opportunity to continue to get paid by the client while I am stuck out of pay.

 

I was advised by the previous attorney not to approach the client and make them aware of the situation but to contact the vendor.

 

I am not sure in regards XXXXX XXXXX liability question you ask..what you mean directly

 

 

 

 

Expert:  Attorney & Mediator replied 3 years ago.
Thank you for your reply.

I will take a look at your previous post on this subject.

As to the issue of liability, I wanted to know if there was any written agreement regarding payment, when it was due and what would happen if payment was not paid on time?

Thanks
Customer: replied 3 years ago.

The problem is that there is nothing in the contract that states what happens if they don't pay. However there is a paragraph that states that if either party breech the contract NJ laws will govern the dispute.

 

It also states that in the event of breach by me, they(employment company) will be entitled to immediate injunctive and equitable relief. Theres nothing about if they breach the contract.

 

Below is what I stated in the notice per the info that is in the agreement between me and the company.

 

The purpose of this letter is to place you on notice that your company has breached the above-referenced Agreement as follows:


You have breached paragraph #3 (Fees/Payment) of the Agreement by your failure to pay me hours worked (Rate 55hr) and invoiced within 15 days of receipt of completed approved time sheet and corresponding weekly invoice.

You have also breached the agreement per your email dated February 1, 2011
in which your company state “We will then, process weekly payments to you per our agreement.”

Expert:  Attorney & Mediator replied 3 years ago.
Thank you for your reply and clarification. Now I have a better picture to answer your questions:

I am wondering if it is reasonable to set a cure period of 10 days?


Ten days is reasonable if they can easily cut a check for you and deliver it to you within that period of time. Reasonableness is dependent on the nature of the situation and the feasibility it takes for the demand to get accomplished.

Can I legally request in the document that the cure is that all back pay needs to be paid within 10days, instead of waiting for pay Net15 which was originally agreed upon?

You are entitled to all pay you have already earned if it already reached the Net 15. They can't pay you on installments unless you agreed to that in writing. If it was agreed that you would get paid each net 15, then if you have already earned that you are entitled too all of it not part of it.

If I continue to work can I also set new terms as a cure such as the pay that I have yet to bill be paid Net 7 instead of Net 15?

That can only be set per the agreement of both parties since you both will be modifying the existing terms. You can refuse to work due to their breach, but they don't have to agree to changing the terms.


Let me know if you need more help.






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Attorney & Mediator, Lawyer
Category: Legal
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 5 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Sorry I am not sure if I understand your response...in regards XXXXX XXXXX I can demand full payment...

 

Example: I sent the invoice on Monday and per the agreement they broke I would get paid net 15 which would be 03/01/2011. Because they breached the contract do I have the right to demand full payment or do I have to wait until 03/01/2011?

 

Can I email this letter and then mail it us mail?

 

Can I suggest new terms in this demand letter or should I do that in separate communication?

 

Thank You

Expert:  Attorney & Mediator replied 3 years ago.
Okay, so at the present time they are upto date with all payments except for the current payment where you have upto date 10K but it will not be paid out until you net 15 is that correct?
Customer: replied 3 years ago.

Yes They are up to date now except for the payment due now. But the first 2 payments were 2 weeks late and 3 weeks late. now they are 48hrs late though when they paid me late last week they said they would pay on time.

 

I feel that if I don't do anything now...or if I don't stop working now they will continue to bill the client and I wont ever get paid.

Expert:  Attorney & Mediator replied 3 years ago.
Thank you for the clarification.

Right now regardless of their past history, they are not in default. You need to wait until March 1, 2011 for payment and only then send your demand letter if they are in breach at that time. There is no violation of the terms at the present moment. You must wait until March and if payment is late then send in writing (via mail by certified and registered receipt/keep a copy for your records) and then wait for compliance before you can proceed with a complaint for wages due.

Any action you take now is considered premature (even if they have a history of defaulting). Each payment period is considered a new period.



_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Customer: replied 3 years ago.

Ok sorry if I am not being clear..

 

The most recent payment was due on Tuesday I have not been paid so they are in default now.

 

Though its just 48hrs they assured me last week that I wouldn't go through this again but here we are.

 

They have a history of being in default so I was telling you about the past.

 

Based on this can I only request what they owe now..maybe instead of sending a Breach of notice with cure but a breach of notice with termination.

 

I know under the Breach of Notice termination I can demand my back money now, my question still remains can I demand my back pay that is due and the pay that is due on 03/1 in a breach of cure?

 

 

Expert:  Attorney & Mediator replied 3 years ago.

Ok sorry if I am not being clear..

The most recent payment was due on Tuesday I have not been paid so they are in default now.

Though its just 48hrs they assured me last week that I wouldn't go through this again but here we are.

They have a history of being in default so I was telling you about the past.

Based on this can I only request what they owe now..maybe instead of sending a Breach of notice with cure but a breach of notice with termination.

I know under the Breach of Notice termination I can demand my back money now, my question still remains can I demand my back pay that is due and the pay that is due on 03/1 in a breach of cure?

 

You can demand your back pay as that is already due now. You cannot demand the amount to be due on 3/1 since that amount is not yet due. Now if you plan to cease working before the 3/1 date, then you can demand for the amount you have already earned upto date.




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