Q: I a am contractor and the contract expired but business still pays me and I still provide service what obligations exist
The contract had a Termination clause that explicitly noted that it ended on a specific date last year. Under the contract IP I created during the period of the agreement would belong to the company. The contract also guarantees a profit share as part of the compensation. The contract is governed under NYC law.
A: Unless the contract addresses post termination issues, there is no deal for anything as the contract expired. Get an extension in writing.
A:
If the contract expired but you are still performing services, there maybe an argument that this is a contract agreed to by the conduct of the parties. The problem is that account to the Statute of Frauds can enforce the terms of this non-written agreement if you ask more than $500.
That said, if the contract provided for post-termination obligations, those are governed by the contract, regardless of the expiration.
A: I agree that your continued performance and acceptance thereof by the company might be interpreted by a court as a continuation of the contract. It would be important to review whether the company is still abiding by the other terms of the expired contract such as the share of the profits you are currently enjoying, if any. I don’t see the statute of frauds as a problem regarding 500 contract price as this only applies to sale of goods contracts pursuant to NY GOL Section 5-701. Enforcement of verbal agreements in New York is very fact specific so I would have to examine the evidence and interview you in detail to develop an effective strategy to secure your position.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
