Esteele, thanks for your post.
Of the two scenarios you presented, my thinking is in line with the first one--that is to charge the client for the amount I would have earned under the contract had the client not breached.
I was also able to speak briefly (unfortunately too briefly) to an...
Thanks for your post, esteele
"Some things are not DIY projects. Your seeking to have the essential financial terms of your contract honored falls into this category."
Yes, you are correct. I should have had an attorney look at the full version of the contract before I entered into it with...
Thanks for the reply. Actually, I haven't shown the contract I've just mentioned to an attorney. But late last year, an attorney did help me craft certain parts of the agreement regarding the retainer, confidentiality, etc. Unfortunately, there was no discussion at that time of a cancellation or...
I am an independent contractor and until yesterday, was working under a contract to edit 4 chapters of a book for a client. He just told me that he does not want to continue as his editor.
The contract we signed in February specifies the per-page rate and covers up to 3 rounds of revision...
Thank you for your response, dee_dub.
I absolutely do not feel that the ex-client is entitled to a full refund for the reasons I've already outlined in this thread and the one in the contracts forum (work performed and ex-client's decision to terminate services/the contract). Regarding your...
Thank you for your response, dee_dub.
Regarding your first comment, I fully agree. This person may be dumb or at the minimum, not prudent because he obviously didn't seek legal advice if he wasn't familiar with the concept of a release of claims in this type of matter. Also, based on my...
My jurisdiction is: Washington, DC
I need advice about actions I can take regarding defamation/damage to my reputation in retaliation for my refusal to issue a full refund in connection with services/work product under a specific contract.
I recently posted a couple of threads in the...
Thanks for the info, dee_dub. I appreciate your help and advice.
I thought about posting my defamation question elsewhere, but since you already knew the background of the situation and as the problem arose from a contract dispute, I posted it under contracts. If things go further (and the...
Thanks, dee_dub. All previous communication has been via e-mail. I do have a recent address in the U.S. for this person and have reason to believe he plans to return from abroad in the next 3-6 months (I'm not sure if it will be to the previous address, but I would imagine there is some kind of...
Thanks, dee_dub. I'm such a newbie here that I just found the message you left me on my visitor wall over a week ago! Duh!
Anyway, I posted a new thread in the "Contracts" forum. New question about attempts by the ex-client to damage my reputation/defamation and what I should do about it...
My jurisdiction is: Washington, D.C.
My jurisdiction is: District of Columbia
Dee_dub, I would appreciate your advice about this. Anyone else who is familiar with my previous posts (threads of 7-21 re: release of claims and 7-31 re: implications of terminated contract/lack of refund...
Thanks, dee_dub. I think your suggestion about % refunds and milestones is a good one, and you're right that a "no refund" policy/clause would represent a serious disincentive to my being hired by potential clients. In addition, I also think the contract needs to be more explicit about the...
Thank you, law professor. Yes, I too thought it was up to the client to get back to me. I specified a 7-day time frame for the release of claims and partial refund offer, and there was no reply. To answer your question, yes there is a dispute and the background information for the issue is...
Thank you, dee_dub for the useful reply. It confirms what I was thinking. I realize that the ex-client could, at some point, take me to small claims court, but frankly the amount of money involved hardly justifies the time and effort, but then again it's my point of view. The other party...
I posted on 7-21 about the release of claims issue, so please refer to that for some additional background. I drafted a release of claims and offered a partial refund to the ex-client despite the fact that under the original contract, there was no mention of a refund and I felt that I had no...