any lawyers/business law on here?

[andy_b]

OK, try to keep it short.

I did some freelance design work for a marketing company last year. All was going OK, they loved the work. 2/3rds of the way through, they advised me that the invoice should goto a certain individual (who I know about).

Bringing things upto date, the individual hasn't paid, so I've threatened the marketing company that I will be re-invoiceing them as the majority of the work was briefed by them.

Can I do that? Can I re-invoice them for everything, or just the stuff upto that point?

All costs were previously quoted (before the request for the invoice to goto the individual)

Also, if this hasn't been paid, I assume I still own the copyright. I have a feeling the designs will surface (they were in the public domain last year) again this year.

So, do I have a case? or is it another one thats screwed me over. Last problem, Its in the UK, I'm in Canada. I was a sole trader in the UK, but now just freelancing.

Thoughts?

Thanks in advance

[Eric Mc]

Who is your contract with?

Which company did you actually invoice?

Edited by Eric Mc on Saturday 13th January 08:08

[justinp1]

Hmm, interesting, and no doubt a confirmation in the importance of paperwork.

As Eric Mc says the only fact or here is who *you* have an agreement with. If you work for the marketing company, and it was the marketing company who asked you to do the work then they should pay you. However if you were advised to invoice the client for your charges directly then I am not sure what the relationship with the marketing company is?

The answer to this lies with whether when you started the work an agreement was made with the marketing company and yourself, or the client and yourself, and who it was agreed at that point to pay you - before you started.

Of course, the more paperwork in the form of a contract you have with either party the better. The problem may be that you may never have had an agreement for the work with the client, and thus not a contract with them. In which case it would come down to the exact nature of the relationship you have with the marketing company.

However, to circumnavigate this you could just continue to proceed with a 'collection procedure' with the client. However should this come as far as court you may have to prove that you had an agreement with them if they deny/fudge things.

Any more info?

[andy_b]

Thanks guys. The original communication, request, quote and its acceptance was from the marketing company. It was only at a later date, that this individual's name cropped up. I invoiced the indivdual as requested


I have no formal contract, but I do have it everything in email saying there were happy with the quote, can you do this, change that etc etc

Thanks, I'll reissue the invoice

Edited by andy_b on Saturday 13th January 16:47

[Eric Mc]

It certainly seems that your primary relationship was with the marketing company. No doubt, you commenced the work assuming that you would be invoicing them.

"Offer", "Acceptance" and "Performance" or "Part Performance" are the key elements to consider when deciding
a) if a contract existed and
b) between whom it existed.

The marketing company offered you the work.
The marketing company set out the initial terms and conditions
You accepted those initial terms and condtions from the marketing company.
You performed the task as agreed between you and the marketing company

Ergo - the contract is between you and the marketing company - no one else.

Do not be put off by any evasiveness by the marketing company.

[andy_b]

Thanks Eric. Really appreciate your help and advise. Not the first time, you've helped me, so a big big 'ta very much' Its people like you that makes this forum so great