Legal Question in Business Law in Wisconsin

Client fired; can I still collect payment?

I had a contract with a business to perform custom

design services. Contract stated 20 percent

downpayment with balance to be paid upon completion

of project. Project was very near completion when they

decided they wanted a new look after two years and

forty hours of unpaid work. Keep in mind they kept

dragging their feet for two years. I would like to write

them and demand payment even though work hasn't

been completed because of them. Basically, I want to

fire this client, collect a portion of what they owe, if not

all. Any advice?


Asked on 11/25/03, 7:03 am

2 Answers from Attorneys

Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Client fired; can I still collect payment?

Hello, I agree with the other attorney who replied. The terms of the contract are key.

If they are vague, you still may have some

remedies to either get the contract done and you get paid, or to bring a legal action to recover what you have into the project. Best wishes,

Mark J. Mahoney, Appleton, WI 920-984-4529

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Answered on 11/26/03, 8:55 am
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Client fired; can I still collect payment?

Since you indicate in your question that you have a contract with the client, the contract should be looked at for the answer. If it is not clear as to what happens when the delay or changes are a result of the client's behavior, it is difficult to say what the outcome will be. One thing you could learn, though, would be to have your contract fixed so this situation doesn't happen again. The first thing, however, would be to take a good look at your current contract.

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Answered on 11/25/03, 9:41 am


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