What to so if abusiness client stiffed me on1 of 2 signed contracts?

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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 9 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.


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