Legal Question in Business Law in Texas

Consultant / Company contract agreement

What day should be considered the final day of contract ? Langage: Service Agreement and Term : Commencing on the effective date 01/14/07--name removed--will provide to company, or its designated affilate, and company will purchase from--name removed-- certain services as further described herein,all upon and subject to the terms and conditions specified in this agreement. This agreement shall automatically renew for one month periods unless written notice is given at least 30 days prior to any anniversary. (Notice given by company to--name removed--on 02/28/07) --name removed--a (State Licensed--name removed-- asked for thirty day notice to be given by Company. Reason: Company would not give to--name removed--access to information necessary for--name removed--to maintain checks and balances of local,state and federal laws and mandates. Putting consultants license and company in jeopardy....--name removed--was paid weekly an agreed amount . Company will 1099--name removed--at end of year.


Asked on 3/06/07, 12:16 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Consultant / Company contract agreement

The contract is ambiguous since an "anniversary" is usually a yearly event. If anniversary means annually, then your contract would end January 13, 2008. But if they mean monthly rather than annually, then your contract would end April 13, 2007.

However, a material breach of contract may end the contract with the breach, at the offended party's option. In which case the withholding of information essential to the services breaches the implied duty of good faith and the date the requested information was withheld would be the date the contract ended.

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Answered on 3/06/07, 12:43 pm
Johm Smith tom's

Re: Consultant / Company contract agreement

I agree with Mr. Bradie, but it looks to me like there is a stronger argument for the monthly "anniversary" on the 13th of each month. If they don't give you access to information you require to provide your services, then you can say the contract was breached by them and consider it terminated immediately, unless the contract specifically addresses this type of breach.

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Answered on 3/06/07, 1:54 pm


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