"HarrisVIII" <acphotREMOVE_THIS@[EMAIL PROTECTED]
> wrote:
>Hi,
>
>I've just had a client cancel a commission to take images of a building
>during its construction. I have written instructions from the client to
>take photos for them and had already spent an hour or so at the site
>taking some preliminary shots.
The legal specifics depend on exactly what your "written
instructions" actually say. For example, if it lists a
specific amount of work in terms of hours, product, or
money, and is a signed letter, then it would appear to
be a contract, and that you could literally sue them for
non-performance with an expectation of winning.
Of course if it is for $400 worth of work, a lawyer
would cost far more than that... but if it is for
$40,000, you should obviously be seeking the
professional services of an attorney.
>This client has apparently now changed their mind and taken on another
>photographer informing me that my services are no longer required. I
>should add that they have not seen any of my work so far and I have no
>idea why they have cancelled. Cheeky gits have even requested I meet
>with the replacement photographer!
>
>What can I reasonably and legally charge this client? Can I only really
>just charge for the hour already spent on site or can I increase the fee
>as I had already started working and perhaps include some claim for work
>turned down on the back of this job? It would have been a good one
>lasting several months.
Assuming this is not a large enough dollar amount to
warrant an attorney... you can bill them for time,
provide them with whatever product you have completed
(and bill them for it, whether they want it or not),
*and* you can also bill them a reasonable amount as a
cancellation fee. What defines "reasonable" is a matter
of opinion, but certainly it cannot exceed the amount
that you would have billed if you had completed the job.
(Don't laugh... it is common in the industry that I
retired from, telecommunications, to write contracts for
services that include a very simple formula to pro-rate
a cancellation fee: it equals the percentage of
remaining contract!)
Note that unless your contract actually spells out each
part of the above, they can easily ignore your bill too!
And perhaps if you hit them with anything that they feel
is unreasonable, they might just do that. With what
they think is a reasonable bill, they might just pay it
to keep you from sending it to a collection agency (an
action that should perhaps be very carefully made
obvious as a potential result of non-payment, but not
something you'd want to club them with either).
You probably should tread lightly to begin with, and
amoung other things find out why they cancelled.
>Very odd situation that I can't seem to get to the bottom of but I'd
>love to pinch this time waster for as much as possible. Would appreciate
>any input.
>TIA.
--
Floyd L. Davidson <http://www.apaflo.com/floyd_davidson>
Ukpeagvik (Barrow, Alaska) floyd@[EMAIL PROTECTED]
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