Legal Question in Business Law in New York

Our Band's Contract with a record label has a renewal clause that can be used IF they send us a notice before the contract expires. It specifically says a 'notice'.

The contract expired march 5th, and the "Notice" clause reads "All notices shall be required or which either party may desire to give to the other, may be given by addressing the same as follows: to artist at first address given above, to company address first indicated above. All such notices shall be deposited in the mail so addressed by certified mail, receipt requested, postage prepaid, or by delivering them by overnight service to the address set forth above, shall be deemed to be given on the date of actual or attempted delivery."

We have not received a notice in the mail during or after the contract saying that they wish to renew the contract. Are we out of this contract? Does email count as a notice given this clause? Does word of mouth count given this clause?


Asked on 4/09/14, 3:33 pm

2 Answers from Attorneys
Kevin Connolly Kevin J. Connolly

Email does not count. Word of mouth does not count. The contract appears to have lapsed but no lawyer would say this for sure without a proper consult.

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Answered on 4/10/14, 6:32 am
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

Under certain limited circumstances email and general knowledge could count as actual notice or constructive notice. To be able to assess your legal status the contract needs to be reviewed by an attorney who will be able to determine the significance of the notice method, the contract's term and whether the contracts lapsed, expired or possibly still in effect.

My office represents performers and routinely deals with contractual issues. Generally speaking, the review should be quick and fairly inexpensive.

Contact my office at your earliest convenience for help in this matter.


Roman R. Fichman, Esq.

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Answered on 4/11/14, 11:29 am


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