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Barrister, Attorney
Category: Legal
Satisfied Customers: 35378
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I signed a contract in 2011 for a construction project that

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I signed a contract in 2011 for a construction project that was scheduled for 11 months. The last invoice I sent in is now 457 days past due. I sent emails to them asking the status of the project as well as my payment status. They never responded. I finally wrote the job off as dead and figured the money was lost. Out of the blue they call me to finish the job. I'm very reluctant to jump back in because of past non payment. By not paying me for over 457 days without any contact, can I consider the contract void?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
If they owe you a balance and haven't responded in over a year, you would definitely be within your legal rights to consider them in default on the contract and refuse to perform any work until they paid you what they owe. Once you have made multiple demands for payment and they have ignored them, that releases you from any further obligation to perform under the contract.
On top of that, you would have the right to sue them for breach of contract for the work you have already done if they won't pay you. NH has an incredibly long statute of limitations to sue for breach of contract at 20 years. The limit in small claims court is $7500 so if what they owed you is less than that, you could simply refuse to do any more work and sue them for the delinquent bill.






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Customer: replied 3 years ago.

Excellent! Thanks for the quick and very helpful response.

You are very welcome. Glad I could help.