Sign a termination agreement before getting paid?

[OliverTanner]

Hi all. I signed a contracting agreement with a company who are refusing to pay an invoice using baseless claims. I've threatened legal action. In response they sent a termination agreement asking me to sign to confirm I am terminated and have no further claims against the company or it’s officers and that, in return they will pay the invoice within a given time period.

If I sign this and they still fail to pay the invoice, does my signature legally disallow me from making future claims against them regarding this invoice? Or is the agreement null and void because they failed to keep their end of the bargain? I am inclined to ask for 50% before signing and 50% after but don’t want to cause further disagreement which will likely serve to drag things on even longer. Im based in England.
Many thanks

[dslippy]

If I sign this and they still fail to pay the invoice, does my signature legally disallow me from making future claims against them regarding this invoice? Or is the agreement null and void because they failed to keep their end of the bargain?

Not unless the contract makes it a cvondition. There can be two recprocal obligations whoch remain separate. You need to link them.

[OliverTanner]

Thanks. I'm not sure i understand though. Do you mean the contract has to clearly state that the contract will be void unless the payment is made? I've attached the current text below. Does something need adding?;

"This letter is to inform you your services are no longer required in relation to xxxx.

We will pay you £xxx

Please return any private and confidential materials.

Please countersign below to agree to the above terms of termination, which, for the avoidance of doubt, mean that you have no further claims against xxx.

[atticus]

See additional text (shown underlined)

"This letter is to inform you your services are no longer required in relation to xxxx

We will pay you £xxx

Please return any private and confidential materials.

Please countersign below to agree to the above terms of termination, which, for the avoidance of doubt, mean that following our payment to you of £xxx you will have no further claims against xxx.

[OliverTanner]

Many thanks. I’ll add this amendment

[OliverTanner]

Just another question. The company in question are pushing me to send them work docs (of the work performed under contract) which I already sent them previously and I cant figure out why? Once they've signed this termination agreement and money is paid, is there any way of them trying to sue me claiming the work I did was not to the volume or standard to warrant the monies paid?

[dslippy]

Confirm if it is the case that you have sent all that you have.
Look at the contract. Does it say hat they cannot do that which you want them to be unable to do? It is either provided for or it isn't. That answer's your question.

[ULA]

I would suggest a further amendment to that proposed by atticus as set out below:

Please countersign below to agree to the above terms of termination, which, for the avoidance of doubt, mean that following our payment to you of £xxx neither party will have any further claims against the other.

This should cover off the point you have raised in your post #6.

[atticus]

yep, I agree

[OliverTanner]

dslippy


Confirm if it is the case that you have sent all that you have.
Im not quite sure what you mean by this? I have previously send all the work docs I compiled. There was a bunch of communication and training time I billed them for also which I cant really provide proof of and they originally never requested I provide proof of either.

Look at the contract. Does it say hat they cannot do that which you want them to be unable to do?:
Do you mean, does the original contract state that they cannot sue me regardless of quantity or standard of work?

[OliverTanner]

I just wanted to thank you guys for your help. I got paid in full after persisting

[OliverTanner]

Also, how do I delete / edit post on here? I need to remove some sensitive info but can’t see the “edit pos” button.

[atticus]

Excellent news.

[ULA]

Thanks for coming back with your update, so glad to hear you have been paid in full.

Editing your posts is an admin task now due to the time elapsed since posting, which I am happy to do. Just PM me what you need changed by reference to the post number.