Being messed about

[the_web_designer]

A small organisation approached me to design a brochure for them. Straight away I mentioned that I would do no spec work (giving drafts) without them signing a contract, which they seemed unsure but ok with. They briefly mentioned that if after seeing a draft they were not happy, they would pay for the work put into the draft, but this was said in a passing manner.

Due to the time constraints of the project I had to start work on the project before the contract could even be sent out, and can you guess what happened? Before even seeing the contract, they tell me they want to see a draft and compare it to other companies before choosing which company to go with. There was no mention of this when I met with the company and they led me on to believe I had the project.

So I am stuck here, I have already done most of the work to the draft, so may as well hand it in, but what happens if they choose another company? Can I legally charge them for the time and work put into the draft (I even had to turn down another project due to this one being on, and rearrange affairs to accomodate it), or can they refuse to pay? If so should I alert them to this now or after they have seen the draft? Many thanks for your help.

 

[M-C Hoare]

Fortunately for you there is the Supply of Goods and Services Act and also an equitable thing called Quantum Meruit so provided you can show that you had expectation of payment for what you produced then the Court will uphold your claim for reasonable payment for work done.
But really to protect yourself properly you do need to get contracts signed up. Watch this podcast which another forum member made me aware of. http://vimeo.com/22053820.
Hope this helps.
Marie

 

[the_web_designer]

That's awesome! Thank's so much. Is there a problem with the fact it was mentioned verbally and thus hard to prove?

 

[M-C Hoare]

It will be a bit of your word against theirs but in the absence of something from their side indicating that you would not expect payment for doing the draft or an industry practice which they can rely on, the Court will apply a presumption that you would expect to be paid.
Marie

 

[MancunianCreative]

T'was me that put the vid up - its a great vid! I'm pleased so many have enjoyed it!

As people have mention, you can and should still invoice for the work. But you gotta remember do NOTHING before signing a contract. It's the best protection you can have. If a customer is getting shirty prior to or about signing the contract, it is a pretty good indication they won't be the best customer to work with.

It's always the ones you think you'll just do a little favour for.

 

[M-C Hoare]

Sorry Mancuniancreative, couldn't remember who had posted it.
I have re-posted this vid all over (twitter, linkedin, my blog) as it is so great and fantastic marketing for the benefits of good legals - we hear so much lawyer bashing it is nice to hear from someone with a good experience!
Marie

 

[MancunianCreative]

I don't know where the lawyer stigma comes from. It is the law that is an ass, not those protecting you from it!

 

[M-C Hoare]

Well .... hmmm ..... I have direct experience of lawyers who are asses, who over charge, who take on work they don't know how to do, who are arrogant, who don't know the meaning of the term "customer service" so I can understand why people can think this - I am frequently gobsmacked at the behaviour/conduct of people who are supposed to be providing a service. And legals are not exactly a choice, they are usually a distress purchase so there is a lot of stress and emotion in the mix which impersonal lawyers are not great at managing.
More of an involved answer than I was planning on giving - sorry.
But there are some good people out there, it is just frustrating that the bad ones seem to be more successful at getting the clients!
OK, rant over.
Marie

 

[MancunianCreative]

It's a choice for us, we've done the distress part!