Seeking advice for this client issue.

RedFork

Hi folks,
Hoping to get some advice on this situation. The post was becoming quite long so for the sake of brevity I'll use bullet points. Happy to elucidate on any points.

• Asked to deliver project by previous client
• Agreed on details and price. Time of delivery estimated to be 1 month after deposit payment.
• Was paid the normal 50% deposit. No contract signed.
• 3rd party, friend of client, appeared on the scene to manage the project for the client.
• Things got complicated with extremely long & detailed emails from 3rd party on how they want finished product to be. A lot of back and forth before progress can be made. My issue is the requests being beyond initial brief in terms of specificity etc. I don't address this directly but rather attempt to work around the requests to avoid conflict and keep everyone happy.
• Technical road block met.
• I am slow in making progress (Christmas & New Years and then busy with other things - happy to admit this is my fault).
• Road block overcome, project can now be close to delivery. Solution suggested to client.
• Project is now 2 months overdue.
• Without any warning client writes to say it is too late, and that they want their deposit back, and threatens legal action and 'public commentary' against my name/brand if not paid in full because they have not received anything of value.

If anyone could advise on my best course of action I would very much appreciate it.

From the client's perspective they paid for a product to be delivered in a month and have as of yet received nothing of value in return, so I certainly understand why they feel at a loss currently.

Unfortunately I didn't highlight to them that the long exchanges and level of specificity introduced was dragging the delivery time back. However I have an almost finished product that I can show them, to show that I was very close to delivery.

My position is, actually, that I would be happy to pay the deposit back to make this all go away, as I don't believe any further complications are worth the risk of harming my reputation, but I honestly don't have the cash flow to do so. I'm worried that they'll refuse any level of flexibility in terms of payment terms.

Again, any advice greatly appreciated.

Valentine1

No legal advice is allowed on this forum. You should see a solicitor straight away, particularly if legal action has been threatened.

the_syco

RedFork wrote: »

My position is, actually, that I would be happy to pay the deposit back to make this all go away

IANAL, but get a solicitor to advise you on this, as it could be seen as an admission of guilt, and go against you in the long term.

RedFork

Thanks for the replies. I appreciate no legal advice is allowed, but any further advice within the charter would be great.

Just to add as well, the amount in question is not over €1000, so does that mean it'd be a case for the small claims court if anything?

the_syco

RedFork wrote: »

so does that mean it'd be a case for the small claims court if anything?

If it goes to the SCC, I'd hope you're compliant with Revenue, in regards to paying tax on any work you do?

johnnyskeleton

the_syco wrote: »

If it goes to the SCC, I'd hope you're compliant with Revenue, in regards to paying tax on any work you do?

Hardly worth troubling the special criminal court over an unpaid builders fee, is it?

kbell

Op, could this project, with some alterations be useful to another company?