How to respond to breach of contract?

[Eleanorbland]

Hi everyone,

I am new to this site and in need of some advice! It is a long winded story so do bear with me...

A client has paid late at every stage of a verbal/email contract (no written contract I am afraid as it was a job I took on quite some time back and I did not have the experience I do now...)

The latest and final straw for me has been her paying a reduced amount on an agreed date for a final payment. I have therefore terminated the contract and told her I will not complete the full amount of work.

My question is this: due to the ongoing problems and multiple times she has messed me around, do I have to still send her work to the value that she has paid for? I am inclined to simply send what has been completed (a lesser amount) and no more, and view any extra money as payment for damages, loss of earnings elsewhere (I have turned down other work to do hers).

Am I in the right here?

Thanks

Eleanor

[SueEllen]

What evidence do you have to back up your position? Emails?

[Wanderer]

A client has paid late at every stage of a verbal/email contract (no written contract I am afraid as it was a job I took on quite some time back and I did not have the experience I do now...)

Email is a written contract.

What were the payment terms? If they paid > 30 days with no formally agreed terms then you have a case for late payment which defaults to 30 days, google "Pay in time" for more info. A verbal contract is also binding but difficult to prove/enforce.

If you have written terms then it's even better but you will need proper advice, not general speculation like you will get in response to your vague description of the dispute you have posted her....

[northernladuk]

How detailed was this verbal/email contract? Are these problems covered by it i.e. detailed payment terms and for what etc or is that completely missing?

[GB9]

Think about what has been delivered to date vs how much has been paid. Any court would expect delivery of something similar for the last payment.

You are not legally entitled to offset one perceived debt against another, so you holding something back as compensation for their misdemeanors won't put you in a favourable position should you end up in court.

I would finish what you have been paid for and not work for them again. This is a downside to being self-employed.

[BlasterBates]

Agree with the above complete deliver and demand payment. By not delivering you can't demand anything.