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

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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

Answers:

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

Answered 1 year 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.


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