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I currently have a subcontractor/sub-dealer agreement, non compete agreement and non disclosure agreement. On the very first page of the agreement under Payment of services "Payment(commissions) will be made on or about the 10th of each month for the month ending approximately 40 days prior. My contractor has failed to provide payment on the 10th of each month as well as the approximately 40 days prior and in turn has forced me to not continue to operate my retail location. would this contract be considered null and void in court?

Submitted: 389 days and 10 hours ago.
Category: Legal
Value: $30
Status: AWAITING CUSTOMER ACTION
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Accepted Answer

The contractor has breached the agreement by failing to act in accordance with the terms of the contract. You have the right to cancel the contract based on this breach.

If you want to cancel, you should send the contractor a letter outlining the breaches and that you are cancelling the contract based on this breach.

It is important to get this in writin so the contractor cannot allege you breached the agreement.

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Expert: Adam Kirk
Pos. Feedback: 99.3 %
Accepts: 
Answered: 10/29/2008

Lawyer (JD)

Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations

Posted by Adam Kirk 389 days and 9 hours ago.

Answer

You can write the letter yourself. Just be sure to indicate the breaches made (non-payment and forced to discontinue operations) and that you're cancelling because of those breaches.

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