Hello to all, I've been lurking around here for a while, but finally decided to register. I've encountered somewaht of a problem.
I'm doing some work for a client that wants to open a small convenience store in an existing commercial space. The work entails doing some facade improvements. spatial plan, and filling out paperwork for a C.U.P.(Conditional Use Permit) After our first meeting he asked how much it would cost, and I told him that I would charge him for the initial visit to City Hall, and then give him a bid. Needless to say he gave me a larger "deposit" because he wanted to rush the project, so I found out the information and began to work on his project. We had another meeting in which I told him what I needed from him and gave him my bid. He was not too happy, but signed the contract, and we agreed to meet the following friday. Well that friday came and he did not show, he gave me a lame excuse about some interior work not being completed and this past friday the same thing. I'm thinking of terminating the contract based on information that the builder gave me, where the client told him he was expecting to pay less, and that he didn't think the amout of work was worth that amount, and that the deposit should still suffice, which is not the case, since I've logged a lot of hours for his project, and also because both times he did not bother to inform me of the cancellation of the meetings. What do you folks suggest I do?? Should I bow out now, or stick it out?? Sorry for the length of the post and thank you.
Don't be a sucker. Don't ever let your time get ahead of the client's payments.
Don't let on that you heard that he might stiff you. Just bill him per your deal. If he's late w/ the payments, politely inquire if he'd like you to take a break from the project. It doesn't sound like a glamorous job, so just wait until the client catches up with the payments to resume work.
you really want to get over? put a lien against the property, when he tries to sell, he won't be able to and will be forced to deal with your contract.
Thanks for the responses. I've already stoped doing any work until he decides to come through and pay me and give me the required information that he needs to get me. I can't put a lien on the property because he is just leasing the space. The actual building owner has nothing to do with the situation. I think that this will probably be my last venture into commercial projects, and clients such as this one, sometimes though when the going gets though you jump at any opportunity.
Can't say I have had the exact same experience. But, I have have learned a few things( and am still learning ) that are extremely helpful in getting clients to pay. First put into to writing what services you are providing. Then list how you expect to get paid or a what points along the way of project progress you would require payment . A piece of paper like this that the client sees and signs has a tremedous amount of legal power.
I think that maybe you made a mistake taking the deposit before making the client aware of what your fees would be. You were going to give him a bid after you visited to city hall. Instead you began to work on his project. If you had given him the bid prior to starting the work it could of saved a headache later. If he accepted it and then you began work you would be in a much better legal position.
Whatever you do make sure you client has an understanding of it. In other words, if you stop work on the project because of non-payment send a letter to you client informing them of this and stating that work will begin again once the invoice is settled.
You don’t want to find yourself in a lawsuit being blamed for delays and held liable for the financial impact of those delays… always have a paper trail.
If you are starting to do some work on your own I strongly suggest you hire a good construction contract lawyer to advise you on situations like this and in any contract amendments/changes that clients propose.
Nov 7, 04 11:17 am ·
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When a client misses payment, but still expects for work to be done
Hello to all, I've been lurking around here for a while, but finally decided to register. I've encountered somewaht of a problem.
I'm doing some work for a client that wants to open a small convenience store in an existing commercial space. The work entails doing some facade improvements. spatial plan, and filling out paperwork for a C.U.P.(Conditional Use Permit) After our first meeting he asked how much it would cost, and I told him that I would charge him for the initial visit to City Hall, and then give him a bid. Needless to say he gave me a larger "deposit" because he wanted to rush the project, so I found out the information and began to work on his project. We had another meeting in which I told him what I needed from him and gave him my bid. He was not too happy, but signed the contract, and we agreed to meet the following friday. Well that friday came and he did not show, he gave me a lame excuse about some interior work not being completed and this past friday the same thing. I'm thinking of terminating the contract based on information that the builder gave me, where the client told him he was expecting to pay less, and that he didn't think the amout of work was worth that amount, and that the deposit should still suffice, which is not the case, since I've logged a lot of hours for his project, and also because both times he did not bother to inform me of the cancellation of the meetings. What do you folks suggest I do?? Should I bow out now, or stick it out?? Sorry for the length of the post and thank you.
Don't be a sucker. Don't ever let your time get ahead of the client's payments.
Don't let on that you heard that he might stiff you. Just bill him per your deal. If he's late w/ the payments, politely inquire if he'd like you to take a break from the project. It doesn't sound like a glamorous job, so just wait until the client catches up with the payments to resume work.
you really want to get over? put a lien against the property, when he tries to sell, he won't be able to and will be forced to deal with your contract.
Thanks for the responses. I've already stoped doing any work until he decides to come through and pay me and give me the required information that he needs to get me. I can't put a lien on the property because he is just leasing the space. The actual building owner has nothing to do with the situation. I think that this will probably be my last venture into commercial projects, and clients such as this one, sometimes though when the going gets though you jump at any opportunity.
too bad architects can't do this to their non-paying clients...
http://www.euphoriadreams.com/
El Arki
Can't say I have had the exact same experience. But, I have have learned a few things( and am still learning ) that are extremely helpful in getting clients to pay. First put into to writing what services you are providing. Then list how you expect to get paid or a what points along the way of project progress you would require payment . A piece of paper like this that the client sees and signs has a tremedous amount of legal power.
I think that maybe you made a mistake taking the deposit before making the client aware of what your fees would be. You were going to give him a bid after you visited to city hall. Instead you began to work on his project. If you had given him the bid prior to starting the work it could of saved a headache later. If he accepted it and then you began work you would be in a much better legal position.
PS
Some clients are just deadbeats that want something for nothing. And do not value the service we provide.
Whatever you do make sure you client has an understanding of it. In other words, if you stop work on the project because of non-payment send a letter to you client informing them of this and stating that work will begin again once the invoice is settled.
You don’t want to find yourself in a lawsuit being blamed for delays and held liable for the financial impact of those delays… always have a paper trail.
If you are starting to do some work on your own I strongly suggest you hire a good construction contract lawyer to advise you on situations like this and in any contract amendments/changes that clients propose.
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