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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a contract to provide services and have given the required

Resolved Question:

I have a contract to provide services and have given the required 3 months notice to close the contract. My last invoice was not paid and the company has offered to paid me half saying that they don't feel that I made enough effort. This is the first time this has happened.
To date I have only worked one month notice of the three, and have yet to invoice this amount.
I would like to know:
a) can they retrospectively change the terms of the contract and just pay me what they feel?
b) If they pay the reduced amount into my bank account and I don't send it back - have I then agreed to their reduced offer?
c) Is the contract now null and void, and can I walk away now without any comeback as I am worried I will not get the money for my current work?
d) Again can the company enforce the contract against me seeing as they are effectively violating the terms - I am concerned about a non-competition clause which effectively stops me from working.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : a) no, the terms of the contract are the terms, they can not just change them, this is breach of the contract
Alex Watts : b) no, you can accept the payments without prejudice to your position. As long as you do not accept the payments in full and final settlement you are fine
Alex Watts : c) no, the contract is still in existence, they have just breached it. You can if you want sue for breach of contract
Alex Watts : d) Yes. They are in breach and it does not mean you can. I am sorry.
Alex Watts : Can I clairfy anything for you about this today please?
Customer:

So I need to carry on working even though I may not get paid?

Customer:

What would it take to get the contract null and void/ dissolved, as really for me the non- competition clause is now the most limiting part of the contract?

Alex Watts : Well you have a choice, if you are happy not to be paid for the work done in exchange for losing the non compete then you can walk away now.
Alex Watts : But if you continue working then you are agreeing to their breach and still Bound by the non compete
Alex Watts : Does that help?
Customer:

So could I just walk away and they could not sue me because they owe me money? Do I have to tell then I am doing this? And do I need to agree it with them? What then happens if they suddenly decide to pay me?

Alex Watts : Well you just need to write and say it's a fundamental breach and you consider the contract ended.
Alex Watts : If they pay you, it's too late,
Alex Watts : They have not paid you at the time you consider the contract ended.
Customer:

Great, thanks very much

Alex Watts : Can I clarify anything else for you?
Customer:

no that's it - it says in the contract any notification via email with read receipt so am I fine in just sending like that? I don't have to do registered post or anything?

Alex Watts : Yes that is fine although personally I would back it up by first class recorded
Customer:

ok many thanks will do

Alex Watts : Can I clarify anything else?
Customer:

no that's me done - thanks again

Alex Watts : If not can I ask you to rate my answer before you go, the button should be at the bottom of the screen.
Alex Watts : If you need more help please click reply.
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