Legal Question in Business Law in New York
I just need a simple yes or no answer to this question. I am under contract with a company to develop and launch a service. Since I haven't gotten paid in over 5 months I stopped all work and have been ignoring them (after numerous attempts to resolve this with them, they promised to pay me the money that is owed but continue to get me to work without any pay!). Am I under breach of contract for not responding to them or should I say something to them?
2 Answers from Attorneys
There is no yes or no answer. Without knowing the terms of your contract (and other information) no attorney can give you an answer without subjecting him or herself to possible malpractice.
As my colleagues notes, there is no 'yes or no' answer here. If they stopped paying you according to your terms, then they breached first. No one can make you work, you either choose to do so or not. You may have a claim against them for services rendered or perhaps they have a different take on the events here and believe they have a claim for breach.
Your best option is to have a lawyer review the written contract along with all the facts and circumstances to arrive at a best course of action. If you do not want to spend any money now and I understand if the amount in controversy is not much in context, you can choose to do nothing assuming you are sure you are not the breaching party. Of course, if they sue you later you will then be forced to respond or take a default judgment.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
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