Legal Question in Business Law in Illinois

Dispute � Payment not received for work performed.

Thru my own company "Mycompany", Inc.. I contracted to provide my services to a company called "HiringCompany" on a 1099 corp-to-corp basis. HiringCompanyplaced me on a project at a clientsite. The work on project started Oct 7, 2009 with me and one additional full-time individual and a part-time Technical Team Lead and a part-time Project Manager.

Due to unforeseen circumstances , I had to leave the project after 6 weeks. I had verbally notified the Project Manager, 4 weeksbefore leaving, about my intention to leave the project for two weeks. (I gave them a written email notice two weeks prior to leaving. The contract calls for giving a 4 week written notice to terminate the contract.) However, HiringCompany decided to replace me with two very experienced individuals who started before I left. Thus, there was no lapse in project staffing level.

Mycompany sent an Invoice to the HiringCompany for work performed.

According to the terms of the contract between Mycompany and HiringCompany, the invoice is payable in full after 45 days which is past due now.

The project work was expected to be completed about 6 weeks after I left. However, the project work was incomplete and the project was not extended and cancelled by the client.

HiringCompany has not paid me the Invoice saying that my departure from the project team caused them financial loss due to project cancellation.

Please let me know what are my options. They are not returning my phone calls.


Asked on 1/12/10, 3:00 pm

1 Answer from Attorneys
Arnold Toole Toole Law Office, LLC

The terms of the contract would control, as amended by the parties. Both parties may have an action for breach of contract. You, however, should be compensated for the work performed.

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Answered on 1/18/10, 8:00 am


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