Legal Question in Business Law in Connecticut

consultant check short

Hello. I am a Connecticut resident. I was on retainer as a consultant with a non-profit client and they shorted my last check by 366.00. Should I cash the check that was short by that amount? I do have reason to believe that the mistake was intentional. I want to make sure that cashing of the check does not imply that I've accepted the reduced amount. I have written retainer agreement with them. Thanks much!


Asked on 1/20/07, 4:48 pm

1 Answer from Attorneys
Peter Van Dyke Eagan, Donohue, Van Dyke, & Falsey, LLP

Re: consultant check short

Generally, cashing the check does not imply that you've accepted a reduced amount.

However, you may be barred from recovering the balance due if (1) there is a dispute between you and your client as to how much they owe you, (2) your client tenders the check with writing either on the check, or writing on something accompanying the check, that states that the check is for full and final payment of the disputed amount, and (3) you cash the check.

Please feel free to call me tomorrow. There is no fee for the initial consultation.

Peter

www.salaw.us

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Answered on 1/21/07, 10:30 pm


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