Dispute advice

[Meatball]

Not sure if this is the correct area,

I'm in dispute with a local sign writer who carried out work for my company. Eg
2 vehicles sign written
A couple of building signs
Letter heads
The majority of the work carried out has been finished to a poor standard.
I've given the guy 2 options, rectify the faults and I'll pay what I owe, or take part payment which is about £500 less than the bill and ill wash my hands of him.
I think that fair.
I've signed no contract.

The guys now saying if I don't pay he will make my life difficult as he owns the rights to the design work!!!! WTF!!
Can anyone shed some light on this?


Apologies for gramer etc as I'm on the phone posting this

[Gargamel]

pretty. sure he is bluffing on the design rights, after all you paid him to produce the design....

you have offered a fair settlement, tell him that he has three choices

finish to a standard

take 500 and clear off

see you in court

ps you probably want the business forum

[Magic919]

Not really the right forum. Ask mods to move it.

I'd stick to my guns in your position. He is just bluffing.

[Meatball]

Thanks I didn't know there was a business forum

Mods can you move it please

[Simpo Two]

The issue is 'what is an acceptable standard?'

Did he promise a certain level and fall short, or did he do what he always does and you were just underwhelmed because you assumed.... etc.

[raptor600]

Gargamel said:

pretty. sure he is bluffing on the design rights, after all you paid him to produce the design....

Well he didn't pay him...

[Meatball]

Simpo Two said:

The issue is 'what is an acceptable standard?'

Did he promise a certain level and fall short, or did he do what he always does and you were just underwhelmed because you assumed.... etc.

1 van he vinyl wrapped is like a patchwork quilt the second van is incomplete with the design proposed, it's also peeling.
The letter heads have spelling mistakes,
The large building signs are incomplete.
It's not a payment issue it's a finish and quality issue

[JustinP1]

Meatball said:

Simpo Two said:

The issue is 'what is an acceptable standard?'

Did he promise a certain level and fall short, or did he do what he always does and you were just underwhelmed because you assumed.... etc.

1 van he vinyl wrapped is like a patchwork quilt the second van is incomplete with the design proposed, it's also peeling.
The letter heads have spelling mistakes,
The large building signs are incomplete.
It's not a payment issue it's a finish and quality issue

In which case, with some legal backing, if it were me I would be asking him in writing to rectify everything and complete the contract within 7/14 days or, I will hold him in breach of contract and you will pay someone else to fix the job, and hold him liable for any additional expense.

Paying £500 for what you have mentioned is way overgenerous.

[Meatball]

[quote=JustinP1]

In which case, with some legal backing, if it were me I would be asking him in writing to rectify everything and complete the contract within 7/14 days or, I will hold him in breach of contract and you will pay someone else to fix the job, and hold him liable for any additional expense.

Paying £500 for what you have mentioned is way overgenerous. [/quot

I have drawn a letter up detailing the faults with photos of the issues.
I've already paid £800 towards the work I was satisfied with.
The outstanding bill is approx £1500 and I'm offering £800 as I'm using the signs, van writing etc.

There was no contract and the individual prices of the work carried out were never broken down in the invoice.
It was always a bit wishy washy.
Thanks for you advice

[JustinP1]

Meatball]ustinP1 said:

In which case, with some legal backing, if it were me I would be asking him in writing to rectify everything and complete the contract within 7/14 days or, I will hold him in breach of contract and you will pay someone else to fix the job, and hold him liable for any additional expense.

Paying £500 for what you have mentioned is way overgenerous. [/quot

I have drawn a letter up detailing the faults with photos of the issues.
I've already paid £800 towards the work I was satisfied with.
The outstanding bill is approx £1500 and I'm offering £800 as I'm using the signs, van writing etc.

There was no contract and the individual prices of the work carried out were never broken down in the invoice.
It was always a bit wishy washy.
Thanks for you advice

To confirm, legally, you do have a contract in place. It's just not written down, it is what you orally agreed.

IF the work you have paid £800 for is complete and satisfactory, that is fine so far.

However, if these outstanding amounts are for additional work, and this work will need to be redone, then you don't need to pay any more IMHO, and you can put him on notice to either:

1) Complete and rectify the work in a reasonable timeframe or

2) Breach the contract and you will get the work completed elsewhere with no payment to him.

Out of interest, is there a reason why you are offering £500?

[Meatball]

JustinP1 said:

To confirm, legally, you do have a contract in place. It's just not written down, it is what you orally agreed.

IF the work you have paid £800 for is complete and satisfactory, that is fine so far.

However, if these outstanding amounts are for additional work, and this work will need to be redone, then you don't need to pay any more IMHO, and you can put him on notice to either:

1) Complete and rectify the work in a reasonable timeframe or

2) Breach the contract and you will get the work completed elsewhere with no payment to him.

Out of interest, is there a reason why you are offering £500?

It's a little more complicated than I've explained, the outstanding bill is £1500 and I'm offering to pay about £800 of that.
I'm just trying to be reasonable rather than beat him to a pulp if he keeps up with the threatening letters.

My main question is the design rights to my company logos etc which he's saying is his property?

[bad company]

JustinP1 said:

In which case, with some legal backing, if it were me I would be asking him in writing to rectify everything and complete the contract within 7/14 days or, I will hold him in breach of contract and you will pay someone else to fix the job, and hold him liable for any additional expense.

Paying £500 for what you have mentioned is way overgenerous.

Agree 100%.

[wormburner]

Meatball said:

It's a little more complicated than I've explained, the outstanding bill is £1500 and I'm offering to pay about £800 of that.
I'm just trying to be reasonable rather than beat him to a pulp if he keeps up with the threatening letters.

My main question is the design rights to my company logos etc which he's saying is his property?

Sounds like designing a logo and signwriting a van is two separate jobs. Are you happy with the logo and using it elsewhere?

[Simpo Two]

Meatball said:

1 van he vinyl wrapped is like a patchwork quilt the second van is incomplete with the design proposed, it's also peeling.
The letter heads have spelling mistakes,
The large building signs are incomplete.
It's not a payment issue it's a finish and quality issue

Fair enough.

Just one point on the letterheads - presumably you gave him a correctly-spelled version to work from and he transposed it wrongly and did not offer you a proof to approve before printing?

There is such a mixture of work here he is either subbing some out to others, or trying to be a jack of all trades and failing.