My business client asked me to design and produce a package for one of his products.I did so and then was asked to produce a "sample". The s...

Question

My business client asked me to design and produce a package for one of his products.

I did so and then was asked to produce a "sample". The sample was reviewed and the design revised. The client asked for another sample, in my reply I requested that we move from "sample" to " first article" and explained the difference: being a first article it would be the first piece of production. Once approved, the balance of production would commence. As such, I required a PO for the production run $3000, including a non-refundable, prepaid deposit of $425. He wrote back that he was working on the PO and sending me a check and asked that I begin work to have the first article in time for an important meeting. I wrote him I would begin work on the first article in anticipation of his delivery of payment and PO. Later, I received an email showing me the scheduled electronic payment for $425. That electronic payment was scheduled to be made 1 week after scheduled delivery of the first article (which was now complete, but not yet delivered - I sent a photo to him as evidence). I questioned the timing of the payment and absence of the PO. He wrote that he didn't know what I was talking about. I sent back his previous email. He refused to send the PO and stopped the scheduled payment. He longer returns my emails. I am out costs for making the first article (through third party).

Do I have recourse for payment of the first article and or the balance of the PO amount?

Answer

If you can show that he instructed you to perform then you likely have a claim. The problem is whether it is worth you time, effort and expense to do anything about. If you are both located in the same state perhaps the small claims court would be the appropriate course of action.

You may want to at least discuss your options with legal counsel before taking any action.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.