Legal Question in Business Law in California
contract question
This is a follow up to a post I mafe an hour ago. My client sent this email after 2 weeks had passed in the project. No formal contract precceded it. Just informal emails to start work.
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Hello Everyone,
I want to address something as there seems to be a confusion or misunderstanding regarding invoicing and payment.
Once I receive payment from the client, all artists are paid immediately through a business check which I mail and e-mail everyone giving heads up. I unfortunately do not have control over delay in payment from the client. I also cannot pay artists prior to receiving payment myself.
Please let me know if anyone has any questions, comments or concerns.
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I acknowledged the email.
Is this binding now - because I have not been paid?
1 Answer from Attorneys
Re: contract question
No, and you should probably write him immediately and tell him so. Your contract (even if it was just an oral agreement) says what it says, not what he wishes it said. If your agreement contained no such terms, make a record of that fact now.
Depending upon how you "acknowledged" the email, your client may try to argue that you accepted this modification to the agreement. The longer you wait before you assert your rights, the stronger his argument might become -- especially if you give him time to act in reliance on your acknowledgment. I'm not saying his argument would be a strong one, but litigating against even weak arguments can be expensive. It's best to nip this one in the bud.
(For the benefit of other readers, the prior question is here: http://www.lawguru.com/cgi/bbs/message.php?i=1083027&view=a.)
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