How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jenny Your Own Question

Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
32019188
Type Your Law Question Here...
Jenny is online now

I am a contractor that signed up to complete an 18

Resolved Question:

Hello,
I am a contractor that signed up to complete an 18 month contract to deliver a Oracle implementation. Commenced in July 14 for a scheduled completion Dec 15. The contract specifies 30% delivery bonus on achievement of 3 key milestones, go-live Mar 15, hypercare exit June 15 and project wrap up Dec 15. This project is now likely to be cancelled and my employer has promised to honor the contractual commitment. I am awaiting this update from them.
From a contractual perspective if the project is cancelled and the 3 milestones now wont be reached am I still entitled to the contractual bonus amount or am I dependent on the employers goodwill? The contract does not have an provisions for a cancelled project.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
What does the cancellation clause say? Or are you saying there is no clause at all for cancellation?
Customer: replied 1 year ago.

Correct the contract does not cover what happens in the event of cancellation.

Attached is the wording.

Attachment: 2015-06-23_103543_bonus_criteria.docx

Customer: replied 1 year ago.
Relist: Answer came too late.
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** you still like help with this?
Customer: replied 1 year ago.

Yes please

Attached are the bonus criteria. The contract does not include any provision for project not proceeding.

Attachment: 2015-06-23_124220_bonus_criteria.docx

Expert:  Jenny replied 1 year ago.
Hi the bonus document makes provisions for milestones that should have been reached in March this year and in June this year, are you saying that these milestones will not be reached in the event that the project is cancelled?
Customer: replied 1 year ago.

Yes - the milestones have currently been deferred to Sept 15 and Mar 16 and are now likely to be cancelled and project not proceed.

Expert:  Jenny replied 1 year ago.
Contractually as none of the criteria have been met your employer has an argument that this is not payable as the amounts are clearly linked to the measurable targets as opposed to the dates.
I realise that this is not what you want to hear, in the event that the failure to meet the target have been down to other issues with the project and have not been your fault then you can clearly call on their goodwill to ask them to pay you a bonus.
Sadly you would not be able to use this clause on its own to bring a claim in breach of contract against them.
If you have any further questions please do ask.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice