Hello,
I have a couple questions. To start off, I'm a graphic designer, and I entered into a verbal agreement with a client (a business developer) to design a logo, website, printed collateral, and a printed brochure for HIS client. We had a verbal agreement that he would pay me $1500 for this project. (A little extra background that may be relevant - he originally contracted another designer to do the work, but this designer was too busy, so the client came to me. The point being that there is another party that is aware of the project and agreement, and I may want to use him as a witness.)
The design project began in October, and went through a few rounds - I would send him potential designs, he would confer with his client, and he would send me feedback and approval. His client wanted to go live with the site and the printed pieces by Jan. 1, 2004. The last I heard from him was mid December - I finally heard from him again at the beginning of February, after I had sent him a bill and requested payment. He claims that the project was "stalled," that his client wasn't sure that they were going to use my designs, and that he was unwilling to pay me (I had told him that I was willing to settle for $1000, since he never initiated the brochure design.) in my mind, $1000 was fair, since I had completed about 2/3 of the originally requested material, and had completed the project to the best of my ability based on the information I had from him - I couldn't begin the brochure or finish up the website because he never sent me any additional content. He's claiming that $1000 is out of the question, since he hired me to complete a job - he didn't hire me hourly. But my contract was with him only - we never had an agreement that if his client stalled or otherwise decided not to use my work, that I would not get paid. I have emails from him to back up my claims that various elements of the project were approved. I'd like to pursue this in small claims court, but I'd like to know if I have a case here.
Secondly, he lives in a different county (we're both in southern California). From what I've read, small claims can be entered in the county where the work was performed or where the contract was entered, but I'm not sure if that would apply in my case. It would be about an hour or 2 for me to drive to his county if I had to, but I'd rather file in my county.
Thanks in advance for any assistance anyone can lend.
-pat
I have a couple questions. To start off, I'm a graphic designer, and I entered into a verbal agreement with a client (a business developer) to design a logo, website, printed collateral, and a printed brochure for HIS client. We had a verbal agreement that he would pay me $1500 for this project. (A little extra background that may be relevant - he originally contracted another designer to do the work, but this designer was too busy, so the client came to me. The point being that there is another party that is aware of the project and agreement, and I may want to use him as a witness.)
The design project began in October, and went through a few rounds - I would send him potential designs, he would confer with his client, and he would send me feedback and approval. His client wanted to go live with the site and the printed pieces by Jan. 1, 2004. The last I heard from him was mid December - I finally heard from him again at the beginning of February, after I had sent him a bill and requested payment. He claims that the project was "stalled," that his client wasn't sure that they were going to use my designs, and that he was unwilling to pay me (I had told him that I was willing to settle for $1000, since he never initiated the brochure design.) in my mind, $1000 was fair, since I had completed about 2/3 of the originally requested material, and had completed the project to the best of my ability based on the information I had from him - I couldn't begin the brochure or finish up the website because he never sent me any additional content. He's claiming that $1000 is out of the question, since he hired me to complete a job - he didn't hire me hourly. But my contract was with him only - we never had an agreement that if his client stalled or otherwise decided not to use my work, that I would not get paid. I have emails from him to back up my claims that various elements of the project were approved. I'd like to pursue this in small claims court, but I'd like to know if I have a case here.
Secondly, he lives in a different county (we're both in southern California). From what I've read, small claims can be entered in the county where the work was performed or where the contract was entered, but I'm not sure if that would apply in my case. It would be about an hour or 2 for me to drive to his county if I had to, but I'd rather file in my county.
Thanks in advance for any assistance anyone can lend.
-pat
