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Is failure to notify the other party of contract termination in itself considered a breach?

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I am under contract with a company that has stopped paying me for last 6+ mths & continued to push me to work without pay claiming failure to reach milestones. During the 6mths I made numerous attempts to resolve this with them. Most importantly I proved that failure to reach milestones was due to their own interference, lack of transparency & constantly changing expectations, which they agreed to. Having call it a truce they promised to pay me the money that is owed & that there will be no interference any more. This was 6+ wks ago. Still no money! Upon advice, I stopped all communication with them & stopped work. They have tried to reach out 2-3 times. I have ignored their attempts. I have also NOT written to them advising them it is due to their failure to lack of payment. Should I?

Attorney Answers 2


You haven't proven anything until you've proven it to a court. As with your other posts, hire an attorney an proceed cautiously. The terms of the contract control and certain notices and communications should likely be made. Have an attorney review thw contract and the facts and write it for you. It could be win, lose, or nobody wins based on what you do now. Spend the money on the ounce of prevention rather than the pound of cure. Hire an attorney before you do anything else.

This response does not create an attorney-client relationship and is not intended to provide legal advice for your specific situation.

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I would send them written notice of the breach of contract and failure to pay. You may want to engage an attorney to send them a letter. The small cost of engaging counsel and having an attorney send a letter often results in a payment or settlement attempt, as the same sends a message that you mean business.

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Thanks Jeffrey. I have myself thought that to be the best approach. In fact I have already prepared the letter, i.e. the content of it that I was thinking of handing over to an attorney to then vet and re-word (if needed) and to send it on on their letterhead. How much do you think a typical attorney would charge for such a thing or do you think the engagement invariably will be for a longer duration as there's a chance of a follow-up and/or response to however the company responds to this letter?

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