My question involves business law in the state of: Oklahoma
My company signed a Services Contract Agreement with the Owner of a project on November 29, 2017. The Contract provided for payment of our services on a time and material basis within 30 days of receipt by the general contractor of our invoices. We began work on the project and invoiced the GC on December 26 for work performed in November. The due date on those invoices was January 25, 2018 and as of this writing, they remain unpaid.
On February 9, 2018 we received an email from the GC stating that he found an error while checking the copy of the contract we signed and submitted. The error he cited was that the signature line on the Contract listed the Owner rather than the GC.
He further explained that “Our (meaning the GC) subcontracts that are above $50,000 require competitive bidding and are contracted with the project owner. However, since your (meaning my company) value was under this requirement, we (the GC) are able to contrac t with you direct.”
The new contract will be between my company and the GC instead of the Owner. As we have not had time to fully read the new contract, we have not returned a signed copy to the GC.
I emailed the GC this morning asking if I could come by his office and pick up a check for the invoices mentioned above as they are both over 30 days past due.
He responded as follows: “ I need the contract signed and returned that I sent you on 2/9/18. My office will not issue any checks without an executed contract.”
Can the GC legally withhold payment until we sign a second contract? Are the parties not still bound by the provisions of the original contract?
I don’t wish to spoil the relationship with this contractor but also do not want to be rushed into signing a new contract until we have had time to review it.
My company signed a Services Contract Agreement with the Owner of a project on November 29, 2017. The Contract provided for payment of our services on a time and material basis within 30 days of receipt by the general contractor of our invoices. We began work on the project and invoiced the GC on December 26 for work performed in November. The due date on those invoices was January 25, 2018 and as of this writing, they remain unpaid.
On February 9, 2018 we received an email from the GC stating that he found an error while checking the copy of the contract we signed and submitted. The error he cited was that the signature line on the Contract listed the Owner rather than the GC.
He further explained that “Our (meaning the GC) subcontracts that are above $50,000 require competitive bidding and are contracted with the project owner. However, since your (meaning my company) value was under this requirement, we (the GC) are able to contrac t with you direct.”
The new contract will be between my company and the GC instead of the Owner. As we have not had time to fully read the new contract, we have not returned a signed copy to the GC.
I emailed the GC this morning asking if I could come by his office and pick up a check for the invoices mentioned above as they are both over 30 days past due.
He responded as follows: “ I need the contract signed and returned that I sent you on 2/9/18. My office will not issue any checks without an executed contract.”
Can the GC legally withhold payment until we sign a second contract? Are the parties not still bound by the provisions of the original contract?
I don’t wish to spoil the relationship with this contractor but also do not want to be rushed into signing a new contract until we have had time to review it.
Contract Law: Payment Withheld Until Second Contract Executed
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