LebGeeks

ironman

Member

Legal Advice (Contract)

Hey guys,

A few months back i signed a contract with an interior designer, it consisted of two payments (one big payment around 2/3 of the amount when the contract is signed) and the other payment on project delivery.

However his work was not 'good in my opinion' and the contract did include this point that i did not understand.

"This contract may be terminated for any reason by either the client or the interior designer , provided ten day's written notice has been given. In the event of termination by the client, the client will remain liable and pay the designer for all work / services done and all outstanding items of merchandise, interior installations and other services or order up to the date of termination."

What do you understand by this sentence? I would really appreciate your answers.

vlatkozelka

Member

Re: Legal Advice (Contract)

Edit: Reading this again, I think it means you have to pay him any items/work he did until the date of termination. So that's 2/3 + whatever he values his work and material at.

I'm no expert in law, but there is one rule that protects you which is when the service provider doesn't provide the service as agreed on in the contract.

For example, if you buy a white car, and you put that in the contract, but the seller sells you a blue one, the contract becomes invalid*. That's at least for when it comes to commerce laws.
As for services like this, I'm not sure, but at any rate "not good in my opinion" is not gonna cut it. Unless he failed to do what he was supposed to, which is to design (and which he did, just not "good") you really can't do anything about it.

You should really ask a lawyer

* I said invalid, but it could be other results, depending on how the court classifies the infringements (scam, "ghobon", etc...)

Last edited by vlatkozelka (September 17 2018)

beezer

Member

Re: Legal Advice (Contract)

It means he could say that he valued the "not good" work as the remaining fee and you are liable to pay it.

This clause is clearly in his favor, as a designer I understand what he thinks and why he's protecting himself.

What I suggest, you as the client, speak to him and tell him exactly what you want done. He should execute your requirements and be prompt because we hate sitting around waiting for feedback and then having to reopen projects a month later. We want to get paid ASAP and have momentum as soon as we send the clients the files. It dies down rapidly after we don't hear back after a week.

Since this is interior design, an interior designer has one job, to put together all the things you want into your house. Did you supply them with enough examples and guidance so they have something to work off of?

rolf

Member

Re: Legal Advice (Contract)

It is not so difficult to understand, it says if you want to cancel the contract at any time you have to
1. Give 10 days notice (first time I see this)
2. Pay the designer for the work he has done so far.

This is a pretty standard clause, however the 10 days notice is something new for me, I don't fully understand how it works. I suggest you tell the designer to stop any work now.

Also it would be better if it states how to cost of the work done so far is calculated. In my case I would count the number of hours that I worked on the project and multiply by my hourly rate (for example $28/hour) and send a bill for the total. Of course I would substract from the total any amount that you have already paid.

It is unfortunate that you're not happy with the work.

I am an experienced freelancer (but not interior design) and this is one of the reasons reason why I request constant meetings with my clients along the project. Very often the client will see the result and realize it is not what he wants. Signing a contract and then disappearing for a month and coming back with the result; I don't do this anymore.

sero

Member

Re: Legal Advice (Contract)

Exactly as rolf said
I was in a similar situation, didn't like the work of an interior designer that was designing a living area. I remember the contract mentioned a very similar thing and I ended up paying for the work completed so far.

Can anyone recommend a good interior designer?

ironman

Member

Re: Legal Advice (Contract)

Thank you for your feedback guys,
The remaining thing in the project is choosing tiles,
So my point was not to pay him the rest and i would choose the tiles myself
That was the whole point
So your advice would be to pay him and get his assistance with the tiles? ( since i would need to pay him in both cases?)

Thanks

rolf

Member

Re: Legal Advice (Contract)

There is another option IMO which is maybe try to talk to him and see if you can reach an agreement that satisfies both of you.

If you decide not to pay him, then you should not use his work at all. This would be very unethical and will make you look bad.

Last edited by rolf (September 17 2018)