Legal Question in Business Law in Indiana

I have a master subcontractor agreement with:

1. Auto renew each year

This Agreement will continue in effect for a period of one (1) year from the date first written above and

will be considered to renew annually until it is terminated by either party in accordance with the

provisions provided herein: (1) This Agreement can be terminated or suspended by COMPANY immediately

with cause or if ordered by COMPANIES customer to cease the project immediately, or without cause and

for any reason with two weeks written notice; (2) and by SUBCONTRACTOR upon two weeks written

notice.

2. Restriction

During the term of this Agreement and any Work Order thereunder, and for a period of twelve months

thereafter, Consultant shall not directly or indirectly perform services for or solicit, divert or take away,

or attempt to divert or to take away, any business or projects from COMPANY nor contact or solicit business

from any customer of COMPANY with which Consultant has had any contact with, or been made aware of

by COMPANY, during the term of this Agreement.

The COMPANIES customer shut the project down 3/31/2020, 1 year has gone by since the SOW was stopped. Can I go to work directly for the client on a different project? To me it appears the contract agreement was terminated at the client request and the 1 year restriction started and has since ended. Am I correct?


Asked on 4/05/21, 9:52 am

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

Your interpretation is reasonable. It would be a good practice to announce your intentions to the other parties in writing.

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Answered on 4/05/21, 5:42 pm


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