lundi 31 août 2015

Contract Law: Can I Sue My Client for Breach of Contract

My question involves business law in the state of: OHIO/TENNESSEE

I do video production out of my home in Ohio. I've had a contract with a church in Tennessee to provide monthly episodes of a program they send me which I edit and return to them. The contract states they have to offer me X amount of work each month guaranteed in exchange for discounted rates. We've had this agreement going on five years now.

The contract length is a period of two years at a time and it clearly states they must give me 90 days notice if they intend not to renew each time (so I can make other arrangements to replace this income without having it jerked out from under me at the last minute). The contract came up for renewal this past January, at which time they did not inform me they wished to not re-up for another two-year period (quite the opposite in fact, as they seemed very enthusiastic about the future).

However, this past May (after my monthly paycheck did not arrive) they called to state they were dropping me and would not be paying me anymore. When I explained we still had a binding contract that had already auto renewed (they usually sign a new paper contract after each one expires, however this time they did not) they told me to just take them to court. They supposedly spoke with their lawyer and believe they are not legally bound to our agreement any longer since they didn't sign anything again this last round. To cover me end, I've continued sending them edited videos since then without pay to ensure I'm holding up my end of the contract and can't be seen as being in breach either.

I have two questions. First, are they right? I thought I had covered against this kind of thing in the verbiage about giving me notice. I'm not sure if I legally can sue them for the remaining balance (which the contract outlines will fall due if the terms are ever breached). Second, since I'm in Ohio and they are in Tennessee, where should my lawyer be located? Should I hire someone up here or down there (as I'm not sure which court system would handle it).

Any guidance would be much appreciated. Thanks!


Contract Law: Can I Sue My Client for Breach of Contract

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