End Client withholding payment from agent.

4 weeks through a six-week contract (due to complete 14th Jan 2005), the owner of the Client company (a very small software house) sent me an email alleging poor performance and written as though to an employee.

I copied this to the agent immediately, however, there was another senior member of the client's staff present in the office who was clearly aware of this situation. I felt that the allegations were untrue and that the difficulties with the project were client based with a poor spec., poor data, incorrect hardware/software platforms, no support lines for software etc. etc. The email and general atmosphere made my position untenable and I explained this to the owner of the client company and the senior member of his staff repudiating their claims.

I asked for my timesheet to be signed which it was with a clean signature (all time sheets have been signed with no adverse comments) and vacated their premises. The agent is refusing to settle my account for work done to date saying the client is withholding payment due to poor performance. I feel that the client placed me in a position where I was unable to complete the next two weeks of the contract because of their attitude and lack of support. Am I entitled to the full term (6 weeks rather than 4) or only the 4 weeks?

The agent is sitting on the fence saying he is trying to persuade the client to pay some money. It does seem that I am getting nowhere unless I use the County Court and/or the DTI with regard to withholding funds. I am thinking of giving the agent 48 hours to pay up for work done for the 4 weeks or else 7 days' notice then a County Court Summons for the full 6 weeks plus a letter to the DTI. What do you think, please?

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FlyingByte