Working under independent contractor contract with specified pay period. Company failed to meet a payment within specified period, but did eventually pay. Can I consider this a breach of contract and consider the contract void. If approached by current client, could I work with them independently or am I still bound by the no-compete clause?
Asked on 3/31/11, 5:40 am
2 Answers from Attorneys
It depends upon whether your acceptance of the pay cured the default. If it did, then no.
Answered on 3/31/11, 6:01 am
Kevin B. Murphy
Franchise Foundations, APC
As a Franchise Attorney I agree with the other attorney answer. In addition, does your contract say a breach, cured or not, allows you to void or terminate the contract? Most contracts do not have such a provision - unless you're talking about a franchise agreement. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
Answered on 3/31/11, 7:45 am
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