If I have a contract to be paid by the 15th but am instead receiving payment on the 27th of the month, does that constitute a breach?

Also, he is withholding money based on things that are not in the contract. What can I do? I have been fighting with him about money owed for 2 weeks and he is claiming to have been busy.

Asked on October 10, 2014 under Business Law, Florida


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

Answered 6 years ago | Contributor

You can sue for breach of contract.  The time for performance (payment) is an essential element of a contract and therefore failure to pay on time constitutes a material breach of the contract.  In addition to the amount you are owed, you can recover any consequential or incidental damages, which means those items resulting from the material breach of contract.

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