Customer v client responsibility for payment

[zannaa]

Owner A (business owner) asked if I would make a set of blinds for customer B (her client) who also happens to be her friend. Owner A custom printed the fabric and sent this to me to make up the blinds. There were 4 in total, all slightly different widths but all the same length.

This verbal order by Owner A was made in March 2010. Despite several requests the fabric did not arrive until November 2010. There was a delay of a few days while I ordered the remaining stock required to complete.

Customer B was anxious to have her blinds by Christmas but I suggested that due to the late arrival of the fabric this would not be possible as I also had other work that required completing. I put this work into the general queue with a promise to try and finish by Christmas. I also stated at this time and at many subsequent times that these blinds could not be rushed as they had to be exactly the same.

We then had severe bad weather at the end of November right through until January and I informed Customer B that I was not prepared to go into work in such conditions and that unfortunately it would be early in the New Year for completion. Customer B said that this was all right.

As these blinds were to go round a room, I had to ensure that all the rods were at the same height. I made the first blind to use as a template for the other 3. I had started the next 2 blinds together as they were within 5 cm of the same size.

I had to stop work again due to severe illness. This took me to the middle of March 2011. Again I communicated this to Customer B who sympathised and said she could wait. I then returned to work on a gradual basis as my health allowed. Owner A was informed of all the changes and delays as they occurred. Owner A was happy with the situation and acted as a go between.

During this time I did not take on any other work as getting the blinds finished was my priority.

Meantime Owner A, whom I did general contract work for, required a large order to be made up ASAP. I stated that I had restarted the blinds and that they would have to wait in that case. I asked Owner A to contact Customer B to say that she herself had in fact caused a further delay.

My health required lengthy therapy and I required lengthy periods of rest. I communicated this to Customer B who was now quite anxious to see her blinds. (I asked if she could wait until my therapy had finished in the summer. She agreed). She felt that it had taken too long (I have no argument with that) but as I had informed her along the way of all the delays which were the result of situations out with my control, I had thought that she understood.

She had had several conversations with Owner A over this period of time and changed her mind, and Owner A came to collect one finished blind, 3 unfinished blinds and all the parts so that someone else could finish them. She had in fact called me on a couple of occasions worse the wear of alcohol and had been slightly out of control. I asked her on both occasions not to phone me at such times as I did not merit any verbal abuse.

I have invoiced owner A for the lining fabric, parts, one heading rail and a completed blind - the work I have done.

Owner A is refusing to pay. She says the order came from the client. It was in fact Owner A who first asked me if I could make some blinds. It was not until I got the fabric that customer B contacted me with measurements.

I really would like to be paid what I am due and I believe that owner A is the one to receive the invoice. Customer B would not have asked me to make the blinds herself as she lives near Chester. I doubt she would have found me, nor contacted me independently.

 

[Geoff T]

If your question is "who should pay me"? then you are right - it is Owner A IMO - that is who you contracted with... chase them...

You have done right by charging only for work done ("quantum meruit"), and can reasonably explain why the contract was not completed - I presume here that you have some records (emails?) to corroborate the background?

 

[zannaa]

I vaguely remember someone telling me at the time, that the owner is responsible.

Am I right in thinking that the owner is also responsible because she, not the client terminated the work, and in effect took on the responsibility of payment by default?

I have several emails and confirmation of phone calls with the owner.

I have none from the client, apart form a letter of introduction, a description of what she would like and a set of kitchen plans with window measurement.

She did phone me quite a lot but at no point did she say that she wanted someone else to finish the blinds.

 

[jules12345]

I think your being mean to be honest - you have delayed at every angle - you never completed the work - so why the hell would you expect anything at all...?

I would put this down to a bad job done badly and forget it to be honest, I would suggest that yout business rep is already on the line and in making these demands for payment - no-one will come near you..!

You go to a restaurant and the food is bad/off - do you pay for the waiter, the kitchen porter, the bar staff, the electric and the cutlery cleaning bill, do you hell...!

You might charge for any materoials you paid for - but where is your compassion and empathy for the client... there is none and yet business is solely about the customer - the customer is the star wherever possible, I think this is a psychological case of you not being able to admit your limitations and as such you cant show the necessary virtues of compassion etc. The first virtue is of course recognizing your limitations - do so and become a better human and a better businessman/lass.

Regards
Jules

 

[zannaa]

Hi Jules

I could comment on your lack of compassion, but as you do not have the full facts to hand, I will excuse you.

Delays were seriously beyond my control and one was caused by the owner herself. Both customer and owner were informed and accepted them at the time, and it was also explained why there might be delays, especially as this was a time consuming order.

The owner ended the contract not the client.

Yes I agree on the outside it looks like a bad job, I was honest with both the owner and client about the state of my health generally, that it might infact cause delays. They both agreed to go ahead with this knowledge.

Unfortunately, I have little control over my health other than trying to keep the balance right, not work too much during the bad times. On occasion I get physically and mentally tired with even simple tasks. I don't know when this will happen, various things triggers it which are meticulously avoided but once in a while other triggers that cannot be controlled set it off. I just have to arrange my life around it when it happens.

The bad weather with continual days of minus temperatures affected me more than usual for that time of year. If I don't take my time to recover with qualified medical supervision, I end up in a downward spiral unable to do anything, which takes even longer to get out of.

Here's a simple exercise for you - tie a plank of wood the length of your leg (hip to ankle) to the back of your knee and wear it for a couple of days non stop. It should prevent you bending your ankle, knee and hip. That might give you some idea of my limitations at the time.

This is not my condition but will give you some insight into my limitations. How well can you walk? Are you able to drive? How long before you get angry and frustrated because you can't do what you want to do, even something simple like sit comfortably? How long would it be before you sat down and worked out how to re-arrange your life to accommodate it?

I became self employed because I could not manage a conventional job. I used to be in administration. Now, on the good days I work very well, on the bad days I work part of the day. I always talk to my customers, let them know the state of play. I do my damn-est to complete on time. I am so grateful to my local customers who do have compassion and are prepared to wait that bit longer for something they can't buy off the shelf. It is team work between me and my customers, and its all very friendly and supportive on both sides.

I took a risk making something for someone at a distance. I thought the situation was fully understood by everyone concerned, the owner had visited me on several occasions and saw for herself good and bad days, what I was able to achieve each time. At the start of the contract there was no time limit applied, it was open ended "take as long as you like". It was only as Christmas approached that that the client changed this.

I had done several large orders previously for the owner and she was aware that I was capable of doing this particular job. This was not something that was done out of the blue. It was carefully planned by the owner and myself with several points of discussion prior to me starting. It was not a case of here's the fabric, get on with it.

If I had been told from the outset that they were required for Christmas then I would have delayed some other work to allow time to do these. I am not unreasonable, but when goal posts get changed for you rather than by you, its not always possible to accommodate the change.

I resent the comment that I am not compassionate about my clients. I have a very good reputation with my local clients who accept my limitations, they of course have the advantage that they can see me. I am more than capable of producing the items that were required and do so for local clients on a regular basis.

I know and understand my limitations only too well. I live with them every day. If its work related, I might do something about it such as go on a course if there is a great demand for it, or I might decide that its not worth it and refuse the work and suggest someone else to do it. I'm not shy in admitting I can't do something. I don't need the hassle, my life is about making it simpler not more complicated. I have a list of people who do different things I can refer customers onto if I can't do something. I do know how to run my business so that the customer is well and truly the most important person in it.

Hope you have a Happy Christmas

 

[Geoff T]

In answer to your question OP - the fact that the end user is not paying is not your problem - try looking at "privity of contract"...

You contracted with Owner A, and they should pursue the other party for payment - but it's a separate issue to you being owed by Owner A, and should not impact on your efforts to collect for what you actually did, and invoiced for....

HTH

 

[bwhomeresponse]

this appears to running on for 20 months. and the jobs was not completed. you've written a couple of books about how ill you've been. I think you are after the sympathy vote. I won't be voting for you.