Hi Kevin,

This is a contract I use for any work over £5k.

http://www.cheshire.gov.uk/arts/toolkit/dlsamplecontract.htm

It is legally binding within the UK, however it may not be under US law.

You could argue that it is a tragedy that we have to find recourse in the law,
but this type of contract clearly states the needs and commitment of all parties concerned. This is no bad thing.

I'd suggest asking your client to read and sign the document prior to you potentially wasting any more time and money on the project.

If she wont, then your hunch was founded and you could stay in bed for another half our.

Good luck and best wishes,

Andy
andrewkaysculpture.com

Stephen Fitz-Gerald
I too dislike contracts and rarely use them. But sometimes you have a GUT feeling about someone being maybe "unpredictable". After 30 years in this business and having overcome a few nightmares like rejection of my work a couple of times in the eleventh hour,I use a sort of crude rule-of-thumb to PROTECT myself. If I get a feeling about a client LIKE WHAT YOU DESCRIBED,that there's just something "off" about them,or they might be a "wildcard",then I charge them double for the project. I call it privately the asshole factor.

Hi Kevin, I'm not sure just how tough you need to be for this particular situation since I personally don't have any experience with the designer or client, but if you create a simple Estimate Form/Contract stating :

-the work that will be done(including finishes, painting, installation, whatever)
-the time line
-the cost
-the required deposit(non refundable)
-a line that states that all changes to the project after the contract/estimate is signed need to be in writing and that those changes may affect the final cost of the project
-a line that states any changes to any part of the contract by either party nullifies the contract
-and a place for them to sign and date(make sure to have two copies one for you and one for them)

you'll have a binding contract, but no matter what kind of contract you have, if push comes to shove you have to go to court to enforce it. Which would suck. It's much better to try to avoid that mess with good communication up front, make the client and designer aware of the above points and require 50% deposit before you lift a finger(make sure the deposit covers your materials and early work/labor and that it is non refundable if they decide to bail). Also, decide who your paying client is, either the designer or the actual client, and then all decisions and payments need to come from them. If the client is paying and the designer is making changes, get permission from the client to make the changes in writing.

When you present the contract don't be threatening, apologetic, or embarrassed, just be straightforward and informative, like it's been this way forever. You're worth every penny you're charging so don't adjust your contract to make the price better for them, if they can't afford it, offer them options to lower the cost(ie cheaper materials, simpler finishing, etc) and then make a NEW contract/estimate. If during negotiations you do make changes in the design to lower the cost, some will push you to give them hard numbers off the top of your head right then and there, tell them you can't and then go home and think over the changes, getting new material estimates etc. People will quickly learn that you mean to run a profitable business creating quality work and you don't plan on getting screwed over. Most will respect this and feel as ease because of it and some will run for the hills, but that's a good thing. You don't want anything to do with those folks anyway. In my opinion, it's much more about how your present your self and your business then how tough your contract is.

Good luck and if the project goes through be sure to keep us updated.

Jake

Jake Balcom
Mettle Design
Lincoln, NE

I also use the "pain in the ass surcharge" occasionally!
It wouldn't suffice in this instance, but a good practice I picked up at my last place of employment is to do a quote as detailed as possible, and always send two copies instructing the client to read the quote carefully, and sign and return one copy if they wish to proceed. It's interesting the people who try to accept the quote verbally without signing....when you insist, it kinda sends a polite message that you're not going to stand for any funny business as the job progresses.

Having said that, sometimes it's best just to walk away when you're getting those bad feelings...every time I've had that feeling I ought to back off at the quote stage I've turned out to be right.

The phrase "I don't feel I'm able to complete the work to the standard you require" is suitably ambiguous!

Once or twice I've resorted to that, and had the customer come back to me begging for a second chance when they realise that
a)I'm not desperate enough for work to be jerked around, and

b) who the hell else is going to do the job for them, and can they bear to go through the whole process again?

Will Jones

Kevin;

IME contracts are a good idea on large or very complex projects but I would strenuously avoid making one with someone that I did not trust. Legal enforcement of a contract can be messy, unpredictable, extremely time-consuming, a TOTAL morale buster, etcetera, etcetera! I have walked away from several jobs rather than waste my time trying to collect from a dishonest jerk! I have better ways to spend MY life! Walking away has probably cost me quite a bit that I might have collected but I am sure that it has saved me MUCH more than it cost me! It is EXTREMELY DIFFICULT to force someone to pay you when they don't want to... for whatever reason. I would not necessarily accept the decorator's judgement... I'd consider it though. I've specialized in dealing with tough demanding customers... but there is a point where they become abusive and dishonest and you DON'T want to have to deal with that!

My old boss had contracts. Worked OK. He had to put a lean on a house about once a year. Amazing, how many folk are out there, who think nothing of ripping you off. That's when I decide to try and never take work I didn't feel good about.

Since I've been on my own, I've been lucky. Most of the time, I've been able to work with a handshake, but the majority of my jobs are small. A few contracts, here and there, but really just so the companies could account for the money going out. The only client where I had a really bad feeling, I was in the position financially not to need the work, so I walked away from it.

Gerald Boggs

If you feel you need a detailed contract with this person, don't get involved. Do a simple purchase order with a sketch - and accept payment up front before starting the work. 40 years experience in art metal has taught me this.
rich

I've done contracts in a number of different fields and one thing I include in them to save grief later is an arbitration clause. This states that all disputes will be resolved exclusively by binding arbitration conducted by a member of the American Arbitration Association. This is orders of magnitude cheaper than suing someone and is also ten times faster to get results. It also indicates to the client that you are more interested in coming to an "agreement" than getting a judgment.

Generally though, I just walk away from anyone who gives me the heebie-jeebies. This is my retirement income, so I can do that if I feel it's the right thing to do, without worrying that I'm going to starve to death. When I was totally dependent on my work to provide an income I felt a bit differently, of course.

Rich

Dear everyone,

Thank you all very much. I figure I've recieved a couple lifetimes worth of insite here. I've decided to let this one go after having many of my gut feelings validate here, having been given newly realized concerns here, and being lied to -- NOT HERE. Looks like I'm out the pay for the sample I made her. It was a verbal agreement with a person who says 'If its not in writing it never happened' while acting offended that I would expect to be paid for working.

Uhhhmmmm. Excuse me. I didn't mean to get off point.
Maby point is that the type of work we do I think has as much to do with being appreciated as being paid. Abuse ain't appreciation, grits ain't grocerys, beans ain't poultry, and Mona Lisa was a man.

I really appreciate it folks,

Kevin