Can I be sued a year after a mutual termination of contract was signed?

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Can I be sued a year after a mutual termination of contract was signed?

I mutually terminated a contract with a client. In the contract it stated, “This letter shall acknowledge our mutual agreement to cancel and terminate the contract between us dates (DATE OF PREVIOUS YEAR) without further resources by either party.” The client is now suing me stating that their website “doesnt work” a year later. Does the plaintiff have a case even thought they signed the contract stating ” without further resources by either party.” And now they want me to “FIX” their website for free after not contacting me for almost a year. Do they have a strong case?

Asked on June 26, 2011 under Business Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry to tell you that no one can really give you any guidance on this matter without reading ALL the agreements entered in to between you and your client and knowing what exactly their claim is with the website.  Terminating a relationship with a client - which I assume was to maintain the site - does not mean that there was not a breach of the prior contract under which they can possibly still sue.  Also, I think you meant to say "recourse" and not "resource" in the mast agreement and I am hoping it was a typo only here.  Take the agreement to an attorney to read and to answer the suit on your behalf.  Good luck. 


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