Legal Question in Business Law in Florida

I entered into a contract with a client in California (I'm in Florida), for graphic design services.

The contract stated that after he paid me the first 50%, (the total contract was $1,800, 900 were to cover design and $900 were to cover printing), I would provide him with the design of these elements plus the artwork. I did. He likes them, and we begin to start our revisions (3 revisions were included in our contract), then he proceeds to terminate my services citing numerous reasons that contradict that he initially told me. None of his reasons prove that I failed to provide what was on the contract, he just decided to stop working with me before any revisions were made. I informed him I will be keeping that 50% because it covered what I had delivered, and since he chose to terminate me, he chose to forego the revisions. Btw, the contract states that ones he pays me up front for the designs, he has full rights to them. He is denying that claim, even though it's clear on the contract he signed.

My biggest concern at this point is - my contract did not have a State Law provision in it, so what state law governs? The designs were made in Florida, the contract was initiated in Florida by me.

Can attempt to take this to Small Claims court in California? Will they allow that over there, making me fly there? Or will they say, Florida Law governs, meaning he has to come here if he wants his case to be heard.

Thank you!


Asked on 5/16/12, 7:01 pm

1 Answer from Attorneys
R. Jason de Groot R. Jason de Groot, P.A.

You need to set up a conference with an attorney and take the contract with you. You also need to put it in your contract that the laws of Florida govern. Normally you would have to sue in California, given these facts. 1.8M is not a small claims case.

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Answered on 7/17/12, 7:32 am


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