Work carried out after contract has expired

[Turbo PR]

I signed a six-month contract as a 'subcontractor' to deliver full content for someone's website. The business idea was initially mine but it was agreed that he would create a company with a website, and I would be in charge of putting together (a very specialised) content.

There are two clauses in the contract that say:

Work to be done by the Sub-Contractor for 6 months starting from the date of this agreement.

No further payment will be made to the Sub-Contractor for the Work over and above the entitlement unless previously agreed in writing between both parties.

However, after the six month I continued to provide content, which was uploaded on the website, and have plenty of emails to prove that the company's MD was actively seeking my services. The seventh month came and went, and I completed all 'normal' work bar two items of analysis, which - as I explained in writing in an email - were delayed because my marketing analyst was on holiday. I delivered the last two items with a 10-day delay.

The MD of this company tried to sell the business to one of my contacts, and refused to let me see the proposal. This was, I believe, because he did not want me to see how much he was asking for the website content (which I had provided in its entirety for a very modest amount of money), fearing that I would demand a share of it. Quite annoyed, I told him that I would not provide content any longer (for the following month, which would have been month 8).

I feel that, having provided full content for month 7, although it is outside the contract, I ought to be paid the amount I invoiced for in the previous six months.

The MD told me during a conversation (I was on speaker, so I have a witness ready to confirm this) that he was withholding payment until I delivered the last two bits of content. Yet the money has not been paid, and I think it is because we are outside the six-month contract and he feels that I don't have a legal redress should I decide to make a claim for that month's fees.

What do you reckon? I feel rather aggrieved, as all content has always been of top quality; he is annoyed because I have reacted to his attempt to sell the website by refusing to deliver content for month 8, thus thwarting his attempts at selling the website.

I really do not know how to play this. Any help/advice?

Thank you.

 

[Deleted member 157241]

You talk a bit about your being 'annoyed' and 'aggrieved'; I think the first thing you should do is try to detach yourself emotionally from the situation. If you have positioned yourself as a contractor, even if you say the original idea was yours, you don't have a stake in the sale of the website. It's not worth getting het up about.

Your original contract was for six months work. Do you have anywhere a proper contract or a written agreement that you would do additional work at £x per month, or provide some specific content (though not necessarily on a time basis) for £x?

If not then, sadly, he may be able to get away without paying you. I am sure you could argue that there was an implied contract -- but it may be more trouble and expense than you are prepared to put up with. However, if there is no continuing contract, then you are not unreasonable in 'refusing' to do any more work.

I would suggest that you put any further work on a proper contract footing -- retrospectively if possible. If you can't do that, don't do any more work for him. For the sake of your sanity, that's all that can be done.

 

[Alan]

Yet the money has not been paid, and I think it is because we are outside the six-month contract and he feels that I don't have a legal redress should I decide to make a claim for that month's fees.

I not you use the words 'I think' so you are assuming that is his thought processes. It may be that he is withholding payment as he needs the final work completed before he gets the money that he would need to pay you.

IMHO you just need to say that , due to the uncertainty of not being 'in contract' you need a formal contact to cover for the deliveries between month 7 & 8, that way you will be comfortable completing the assignment.