Signed Contract - Project cancelled after startdate, any rights?

[psychocandy]

In the last year it is getting far more prevalent especially with younger agents (although these youngsters are probably only the puppets of their principals).

Btw. Can you imagine their rage if the candidate secured better job and dropped their precious contract?

Nah. Its always been like this.

[Veetee]

Don't recall the OP asking if it would stress him out. Rolling over is not the solution. As someone else said, you don't politely ask the agent to compensate you. You demand it using the correct legal procedures. That's what a 'business' would do. You disguised employees should carry on rolling over.

So what would be the correct legal procedure of demanding it - Sending an invoice -> Following it up with 'Notice Before Legal Action' and then handing it over to a debt collection agency and finally a suit.

Or is there a way to show the intent of this route in the first step itself while sending the invoice, perhaps CCing the invoice to my accountant and lawyer in first place.

[Platypus]

Or is there a way to show the intent of this route in the first step itself while sending the invoice, perhaps CCing the invoice to my accountant and lawyer in first place.

I wouldn't do that. Simply sending the invoice shows your intent to get paid.

Letting them know that you're contacting your lawyer immediately will surely just enrage them and make them come out fighting.

Just follow due process.

[TestMangler]

I wouldn't do that. Simply sending the invoice shows your intent to get paid.

Letting them know that you're contacting your lawyer immediately will surely just enrage them and make them come out fighting.

Just follow due process.

What he said.

You have no reason to 'go legal' until your invoice isn't paid.

[northernladuk]

What he said.

You have no reason to 'go legal' until your invoice isn't paid.

TM is correct in what he says but will stick my standard comments in when we get in to these legal discussions ala KC's threads. Don't get me wrong I hope the OP follows this through and sticks one to the agents which can then be referenced in other cases but.....

Normally to sue for loss there has to be a loss. I don't see a loss here. MOO kicks in and if there is no obligation for the client to give work there is no scope for payment. The contract can run for the full term with no notice if you want it to, if there is nothing for the contractor to do there will be nothing to invoice.

If the OP wants to follow this up surely they will be shafting your own MOO in the contract? If that passes surely this causes us different and bigger problems for the future?

Maybe the OP could sue for inconvenience or something but they can't sue for monies that were never forthcoming

We had this out with KC (even though she was a troll) and a few posts since so it would be nice to have a legal resolution to this one day to put all these threads to bed.

[Veetee]

I wouldn't do that. Simply sending the invoice shows your intent to get paid.

Letting them know that you're contacting your lawyer immediately will surely just enrage them and make them come out fighting.

Just follow due process.

Just wanted to ensure, before i invoiced, that there is a clause in my contract which reads:
The Company(Agency) may terminate this Agreement by written notice with immediate effect if:
the corresponding agreement between the Company and the Client fails to
commence for whatever reason, including (but not limited to) if the Client gives
notice to the Company that it no longer requires the Services of the Service Provider
(and, if such notice is given, the Company shall notify the Service Provider and this
Agreement shall automatically terminate without either party being liable to the
other);

Having read that, I have however never recieved any written or verbal cancellation of contract till date. The agency still maintains(verbally) that the project is delayed and might take off in a couple of weeks or so...
Any thoughts?

[stevejohnson]

Hi Guys
I had a signed contract from the agency with the start date in February....Just a day before start, the agent phoned me to inform that the project was delayed by a week, and then every week it was the same story....I called the end client directly now and understood the project was scrapped a month ago.The client informed me that the agency was fully aware the project was scrapped, however they continued to bluff for over a month, so thats quite painful as i could;ve continued searching had I known the real picture a month ago.


I know some people asked this question before but they havnt had signed contracts but just the offers...
However, in my case, as the agency signed a contract with me with a start date and it had a 4 weeks notice clause from both parties, do I have any legal rights to invoice?

many thanks,
veetee

very naive to wait a full month based on sayings of one person !

[Veetee]

very naive to wait a full month based on sayings of one person !

Well i reached out all the people i could once i smelled the stink - sadly, the end client was travelling for a couple of weeks and the bosses within agency stuck to the same response.
Furthemore, it wasn't just the saying , we had a signed contract in place here...nevertheless, doesnt help now.