Legal Question in Business Law in New York

If a contract between a company and a freelance contractor doesn't state/provide anyway for the contractor to terminate the contract on his term, what does he have to do to terminate it? The company has been taking advantages of me/stalling on its part and giving me difficulty to work on the project and getting paid.


Asked on 5/02/16, 2:21 pm

3 Answers from Attorneys

SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

You need the contract reviewed together with your responsibilities and duties and your right to rescind it if the terms are not adhered to by the principal. There is no other way to make sense of your dilemma.

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Answered on 5/03/16, 8:56 pm
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

Generally speaking, if a contract is silent on the question of voluntary termination, then such termination, in most cases, is permitted, however the withdrawing contractor needs to take into consideration any damages that might be created for the other side as the result of the termination as well as the cost to replace the contractor.

If they are not paying you and the contract specifies the terms of payment, then in effect they have breached the contract. The end result of this breach can only be known upon review of the contract.

Bottom line, one can consider terminating the contract but need to be mindful of the costs.

I offer legal review of documents to freelances at very affordable rates. Please contact me directly.

Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

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Answered on 5/03/16, 9:44 pm
Frank Natoli Natoli-Legal, LLC

In most cases where no duration is set in the contract then it becomes terminable a will. You seem to indicate that they might be in breach of the contract anyway by not pay you on time for example, which may give you further reason to terminate.

Of course the only way to receive any actionable legal advice on the agreement is to have it properly reviewed along with all the facts and circumstances.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

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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Answered on 5/04/16, 6:05 am


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