Unpaid Invoice - Breaking contract

[Scotchpie]

Hello

I working through an agent who has not paid the invoice on time as per the contract.

Basically I had two outstanding timesheets which were authorised this week before the agents cut off time of Monday 10:30am for payment on Friday of the same week. However I checked today and only one has been paid. This is the second time it has happened.

As this is not according to the contract is the agent now in breach of the contract allowing me to approach the client and negotiate a new contract removing the agent.

Cheers

[northernladuk]

Late payment is not material breach. Get back in your box lol

http://forums.contractoruk.com/busin...-contract.html

[WTFH]

Contact the agent and ask them why it wasn't paid. There may be a valid reason, but if you don't ask them you won't know.


We're only an Internet forum, we don't know your contract or your agent or why the payment wasn't made.

[TheFaQQer]

Late payment is not material breach. Get back in your box lol

http://forums.contractoruk.com/busin...-contract.html

Unless it's specified in the contract as a material breach.

[northernladuk]

Unless it's specified in the contract as a material breach.

Indeed but it is very rare you will see this in a contract, particularly a contracting one and as it is supplied to us it is a given that it will be written in the agents favour so only an idiot would have a contract that give the contractor an out. Agents might be stupid but they do have their contracts checked to make sure they aren't liable for anything.

Even if it does it wouldn't be too hard to claim that late payment isn't really material and the clause shouldn't stand but it would have to go legal for that.

[BolshieBastard]

LOL! Like someone thinks they can dump the agent (and presumably go direct, ho, ho!) because of a late payment.

I honestly wonder how some people cut it in the big bad contracting world, I really do.

[Boo]

Late payment is not material breach.

Late payment is a material breach if the contract says it is. Mine do.

Boo2