can I charge a cancellation of service fee

[davidq]

I am self employed and for the past two and a half years I have been contracted by my former employer (Contractor) as an "associate" to provide professional services to their client. As part of this arrangement my former employer is entitled to charge a cancellation fee to the client in circumstances where they have confirmed a requirement but then cancel within x number of days form date of delivery of service. This cancellation policy was briefed to me by them issuing a copy of the clients "brief to contractors" which contained the cancellation policy and informing me that we had to comply with eveything in the document. This policy has subsequently been implemented on a number of occasions. For example client cancelled, Contractor issued invoice for cancellation and I issued invoice to Contractor for my fee.
Recently the Contractor decided that due to my pursuit of late payments for work performed that they would no longer use my services with immediate effect, however they had already confirmed my services in writing for work which was then carried out by one of their own staff. Based on the established agreement can I now issue them cancellation of service invoices based upon the stated policy. Also, is this a breach of contract, in that a written offer of work was made and accepted by me?

Advice please.

 

[bwglaw]

...This cancellation policy was briefed to me by them issuing a copy of the clients "brief to contractors" which contained the cancellation policy and informing me that we had to comply with eveything in the document. This policy has subsequently been implemented on a number of occasions. For example client cancelled, Contractor issued invoice for cancellation and I issued invoice to Contractor for my fee...

Based on the established agreement can I now issue them cancellation of service invoices based upon the stated policy. Also, is this a breach of contract, in that a written offer of work was made and accepted by me?

It is possible to charge a cancellation fee based on past dealings as from what you say it appears that the contractor has paid a cancellation fee to you before. In contractual matters much largely depends on what the contract says, terms agreed and the conduct/intentions of the parties which is impossible to assess on a public forum and without sight of the contract.