Do I still have to provide a service if I am not being paid?

UPDATED: Oct 1, 2022

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Do I still have to provide a service if I am not being paid?

I am a landscaper in a service contract with a large property. The contract states that I am to be paid every month on the 16th. The first payment was made over 2 weeks late, the second payment never came and in 7 days the next payment is do. I cannot afford to keep going in there with machines, men and materials. I want out of this contract because I can see tell it will be an issue every month.

Asked on June 9, 2019 under Business Law, New York


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue the other party to the contract for breach of contract for failure to make timely payments pursuant to the terms of the contract.
You can sue for breach of contract without doing any additional work.
Your damages (monetary compensation you are seeking in your lawsuit for breach of contract) would be the amount you are owed. The amount of your damages will determine whether you can file your lawsuit in small claims court. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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