What to so if abusiness client stiffed me on1 of 2 signed contracts?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to so if abusiness client stiffed me on1 of 2 signed contracts?
I’m an ad agency and have 2 contracts. One for marketing my clients website and one for the development of his website. Because our business was initially to provide marketing for an existing website I got a check for marketing. The decision came later in the appointment to redesign the website. I did not get paid for that. Here’s the rub, after I finished developing his website he decides he doesn’t want to do the marketing. He wants me to take the money that he paid me for marketing and apply it towards the website development. I want to hold him responsible for both contracts.
Asked on January 10, 2012 under Business Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Contracts are enforceable: so if you have two contracts, you can enforce each as per its terms. If necessary you can sue to recover any money owed.
Note that if you did not actually do the marketing--the focus shifted to design before you did the marketing work--and under the contract the client has the right to cancel the work and not have you do it, in that instance you would have no entitlement to the money for marketing; in that case, the client could direct you to apply it to the design. But if you either already did the work or the contract is not cancellable by the client, you may hold the client to it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.