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Payment major issue with client
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DigitalDesigner:
Hello All,
if you quote a new client for a job with a quote which outlines very clearly what is included and then half way through the project the client asks for very many additional changes such that the original quote's work was never completed "as quoted", nor delivered, could they have ground for breach of contract and ask back some or all of the money they previously paid?

Originally they asked to design a controller to do only basic digital motor control (both hardware and basic firmware). Then half way through the project they started asking for more things including UI graphic display, remote ethernet communications etc. Because of the new mods the clients requested, then quite a bit of the functionality of the original quote was not implemented.

All mods have been asked in writing by the client and I reminded the client in writing several times during the project that all those changes were not part of the original quote. And the quote clearly states it is valid assuming there are no changes to the specs outlined within the quote.

When the invoice for the huge amount of extra work he requested was sent, it was much more than he expected and he refused to pay it offering a tiny fraction of it and asked for the original quote's deliverables (which, again, were never completed because he asked for different functionality half way through the project). And he then thraetened that if the original deliverables are not delivered then he files for breach of contract and claims all the money back for the whole project.

He is a bully and just to give you an idea of his tactics, he offered to pay twice the amount of the invoice for the extra work but across several years with a royalty scheme. So that to clear the invoice amount it would take over 7 years. And he has made such offer with "Without Prejudice" written at the top so it cannot be used in court.

The main question is, legally, does he have any ground to stand on about breach of contract?
And do I have any obligation to do any more work to deliver the original specs too?

Any suggestions to get out of this situation and how to deal with bullies like that?

Thank you very much!!
okw:
I'm no lawyer, but I would say you are both legally bound to the initial contract. You build and he pays. But he can't expect anything more than what the original contract outlines.
SiliconWizard:

--- Quote from: DigitalDesigner on January 10, 2022, 08:11:19 pm ---if you quote a new client for a job with a quote which outlines very clearly what is included and what is not and then half way through the project the client asks for major changes such that the original quote's job was never completed as quoted, nor delivered, could they have ground for breach of contract and ask back the entire project money paid?
--- End quote ---

Of course not. But...


--- Quote from: DigitalDesigner on January 10, 2022, 08:11:19 pm ---Originally they asked to design a controller to do only basic digital motor control (both hardware and basic firmware). Then half way through the project they started asking for more things including UI display, remote ethernet communications etc. Because of the new mods the clients requested then quite a bit of the functionality of the original quote was not implemented.

When the invoice for the huge amount of extra work he requested was sent, it was much more than he expected and he refused to pay it offering a tiny fraction of it and asked for the original quote's deliverables (which, again, were never completed because he asked for different functionality). And he then thraetened that if the original deliverables are not delivered then he files for breach of contract and claims all the money back for the whole project.
--- End quote ---

Are we to understand that all of those modifications were asked and executed informally, without any addendum to the original contract? If so, unfortunately, your fault entirely. Never do that.


--- Quote from: DigitalDesigner on January 10, 2022, 08:11:19 pm ---Legally, does he have any ground to stand on?
--- End quote ---

If you accepted to make major modifications informally, without a new contract or addendum thereof, you're screwed. Actually, if you implemented the new, informally requested features, but did not implement all the original features (to their demand, but again informally if I get it right), they would have ground to claim you didn't honour the contract. And maybe not even pay a dime.


--- Quote from: DigitalDesigner on January 10, 2022, 08:11:19 pm ---Any suggestions to get out of this situation and how to deal with bullies like that?

--- End quote ---

To get out of it: if you have evidence of clear exchange between your client and yourself (email, whatever) for the modifications they asked, hire a lawyer and get prepared to fight...

For the future: never accept any changes unless you sign an addendum of the original contract. Just my 2 cents.
DigitalDesigner:
Thank you both,


--- Quote from: SiliconWizard on January 10, 2022, 08:25:03 pm ---Are we to understand that all of those modifications were asked and executed informally, without any addendum to the original contract? If so, unfortunately, your fault entirely. Never do that.

--- End quote ---

all changes were requested in writing by the client in endless emails and I repeatedly reminded him in writing they were not part of the original quote.

Does that change anything in my favor?

Thank you very much.
m98:

--- Quote from: DigitalDesigner on January 10, 2022, 08:37:10 pm ---Does that change anything in my favor?

--- End quote ---
In Germany it certainly would. Both sides can consensually modify (most) written contracts after the fact. When dealing with a business entity, this consent can even be given by implication, just by the other side not disagreeing.

In any case, sounds like it's lawyer time.
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