Legal Question in Business Law in New York

Contract - 45 days vs. 45 business days
Hello,
I'm in MA; I provide editorial services
to various client companies, usually
via emailed manuscript files. I have a
signed contract with a client in NYC
that says ''invoices shall be paid
within 45 days after receipt of
invoice.'' My client is now claiming
that this means 45 business days,
although the contract doesn't
explicitly say so (as other contracts
have in my past experience). Is there
a legal definition of ''day''? Can this
client make this claim that ''45 days''
is the same, legally, as ''45 business
days''? By that reasoning, couldn't
she say ''45 days'' is the same as ''45
sunny days''?
Thank you very much for your time.

Asked on 1/16/08, 2:59 pm

Randy S. Newman Weisman Law Group PC

0 users found helpful

0 attorneys agreed

Re: Contract - 45 days vs. 45 business days

Unless the contract specifically says "business" days, you count calendar days.

Answered on 1/16/08, 3:11 pm

Lawrence Graves Coolidge & Graves PLLC

0 users found helpful

0 attorneys agreed

Re: Contract - 45 days vs. 45 business days

Plain language should govern here -- in legal drafting, days are always calendar days unless specifically otherwise defined.

Best wishes,

LDWG

Answered on 1/16/08, 4:39 pm

Keywords

Match Any Match All

Country

State

Area of Law