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.
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.
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