QUESTION
Do I have a right to charge my client for work completed before they decide to cancel?
Asked on Aug 27th, 2012 on Labor and Employment - New Jersey
More details to this question:
I had someone hire me to do a few signs for him. They signed the contract and I began the process. After about $200.00 worth of the work was completed, the client cancelled. There is no cancellation clause on the contract and they are asking for the full $500.00 deposit back. I would not mind giving them some of the deposit but feel I am entitled to keep what I think our services are worth up until they cancelled. What can I do?
9 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Your position is correct and fair, retain you costs, refund the rest.
Answered on Sep 05th, 2012 at 6:32 PM
YES. It's called "quantum meriut" OR "work already done." If NO cancellation clause keep the entire $500. Tell them you've already purchased the materials PLUS work expended. Offer them $100 back as a "nuisance fee" if they carry on . . . BUT have them sign a receipt for the $100 as "REFUND IN FULL."
Answered on Sep 05th, 2012 at 4:26 PM
Elder Law Attorney serving Hollister, CA
at
Charles R. Perry
Update Your Profile
I would need to read the contract before giving you any specific advice. Much will depend on the terms of the contract, the quality of your work, and the reasons the client gave for canceling the contract. Assuming your client had not right to cancel the contract, you would have remedies for breach. As an alternative theory, however, you could recover for the reasonable value of your services. You might try to negotiate a settlement with your customer, explaining that you believe you are entitled to the reasonable value of the services that you provided, and explain what that work was. If conversations with the client do not work, you might put your position in a polite letter to the customer. The letter can only help you if this does not get resolved and you need to go to small claims court for resolution. You also may wish to modify your services contract to provide an appropriate cancellation clause. Good luck to you.
Answered on Sep 05th, 2012 at 12:11 PM
That would depend on why they cancelled and what the contract does provide this is not an employment law question.
Answered on Sep 04th, 2012 at 8:43 PM
2 Awards
You can bill them (since they signed) for the work performed and return them the balance of their deposit.
Answered on Sep 04th, 2012 at 8:26 PM
Steven Lee Miller
if there was a breach of contract, maybe so. more information is needed.
Answered on Aug 30th, 2012 at 5:18 PM
Typically, if there is a contract you have the right to be paid for any work completed under the terms of the contract. From the limited information you provided, it would seem as though you can keep $200 of the $500 deposit and only have to repay $300. In order to know for sure, any attorney would need to evaluate everything related to your situation to determine what would be your legally proper course of action.
Answered on Aug 30th, 2012 at 5:18 PM
No. You should be entitled to the reasonable value of the services you provided. Include a cancellation provision next time you prepare a contract.
Answered on Aug 30th, 2012 at 5:18 PM
Criminal Defense Attorney serving Cherry Hill, NJ
at
Law Offices of Richard Sparaco
Update Your Profile
Tell the client that you are entitled to payment for the work already done and will refund the unused portion of the deposit in light of their cancellation.
Answered on Aug 30th, 2012 at 5:17 PM