Consumer Law, Warranties Verbal contract vs. written

[crbf]

I am an independant consultant with my own private corporation. I entered into a written contract with a firm as a consultant in Feb 2001. The contract was extended twice with the last extension signed June 26,2001 and going to December 26,2001. The written contract contained a 14 day written termination clause that both parties could exercise at any time. This was invoked by the firm on October 12 and I finished working there on October 24. I am seeking compensation for the remaining term of the contract on the following two points and would like to know if I have a valid case.

1) Prior to the last extension being signed, I was given a verbal agreement by a company representative whose name was on the written contract, that the contract would be honored until completion and due to the volume of work that the two week termination clause was nothing to worry about. This person unfortunately passed away suddenly in September

2) The termination letter I received was signed by a person who was not designated as a company representative. The written contract stated that all correspondance with my corporation and the firm was to be made through company representatives indicated in the contract. I pointed this out on October 24 to the other company representative and did not receive a valid termination letter.

 

[Michael Wechsler]

It is most important to realize that nobody can truly give you a good idea as to the remedies you may have without reviewing the contract. Everything rests upon what is in the contract.

Regarding your first point, I am confident that the contract states something like "any modification of this agreement shall be in writing and signed by the parties." The effect of this paragraph is to say that oral statements are not effective until they are in writing. This is not absolute but in this instance it works against you, IMHO.

Regarding the second point, you may have a valid case. Did you continue to perform services for the company? I don't know what services were required and how it worked. If you didn't perform the services then the company can give you 14 days notice and you'll only get another 14 days. However, if you were continued to perform services and did not stop because the notice was not from someone designated to provide notice, then the company may not have a defense to your claim of performing services as someone without authority provided you notice which would not constitute "notice" under the contract.

That's the way I read it without actually reading the deal. Opinions may vary, especially after reading the deal.