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  1. #1
    Join Date
    Jul 2012
    Posts
    3

    Default Unreasonable Termination of Contract and Payment in Kind

    My question involves independent contractors in the state of: TN

    I was hired to do branding for a startup business. Half the fee was paid in January. No communication was had between then and April despite many attempts from my side to contact them via phone and email. I finally "ambushed" them at a workshop and we set up a meeting. Was told that they did not know about the direction of the new company and that they werent sure if they were ready yet. I was offerend two tickets for a weeklong workshop that they were leading as payment for the remainder of the contract fees due . I hesitated but it was made clear that this was the only payment that would be forthcoming. I accepted and began the job. They again were nopt very forthcoming with their communications, and I had to hunt them down time and again to get answers to clients questions, get directions etc. I attended the workshop and I was contacted shortly after to be informed that they wanted to terminate the contract because they felt they could not trust me because I did not go deep enough into the process (at the workshop, it was a personal growth workshop). They are now hinting at wanting payment for the workshops and possibly a refund of the inital payment. Curious what my rights here are? I obviously have not finished the job, but i would be willing to continue with them.

    Thanks

  2. #2
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Unreasonable Termination of Contract and Payment in Kind

    "Curious what my rights here are?"

    Not sure why you need a stranger to point out the obvious: you aren't obligated to give them back any money. I'd send them a letter summarizing the events to date as concisely as possible and state that you're ready, willing and able to complete your contract but that you've already conceded the value of HALF of the contract in good faith and (politely) that they can stuff their "hints" about expecting any money back. I'd also say that I want to resolve whatever their issues are but that I'm not interested in being strung along indefinitely.

  3. #3
    Join Date
    Dec 2009
    Location
    not here
    Posts
    915

    Default Re: Unreasonable Termination of Contract and Payment in Kind

    Whether or not you have to refund the money and whether or not you can obtain the rest of the money all depends on what your written contract says.

  4. #4
    Join Date
    Jul 2012
    Posts
    3

    Default Re: Unreasonable Termination of Contract and Payment in Kind

    Thanks for the responses, however, basically nothing to this effect was mentioned in the original written contract. (Last time that will happen...) nor in any verbal agreements. I am drafting a letter to them now, as all other communication has been verbal and so could easily be my word against theirs. Should I just hope they dont take me to small claims court?

    Thanks

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,643

    Default Re: Unreasonable Termination of Contract and Payment in Kind

    If you agreed to accept the seminar as full payment of the balance, then I expect that you're going to have difficulty claiming more. But... "they felt they could not trust me because I did not go deep enough into the process (at the workshop[)]"? This is a workshop they produced? How is their impression even remotely relevant to your contract? That is, with no complaint about your actual work, to me it sounds like an unjustified breach on their part.

    If they do decide to allow you to complete your contract, I suggest entering a very clear contract about your responsibilities and compensation, and incorporating something that will protect you if they again try to play games or claim that they're not satisfied with the end product.

  6. #6
    Join Date
    Jul 2012
    Posts
    3

    Default Re: Unreasonable Termination of Contract and Payment in Kind

    Oh, i am not trying to claim more payment, I just don't want to have to pay them for the workshop, or refund their initial payment made in January. Thanks for the responses!

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