Client wants full refund but project is almost complete

[shewolff]

What is the name of your state (only U.S. law)?
Maryland

I own a web design company (LLC). I was hired by a "sweet little old lady" to design a website in October. The fee was $2500. More than 3 months later she is unhappy with the work I've done because some of what what she wants is outside the specifications of the original quote. Basically, I believe she has changed the scope of the project substantially, requesting features and tasks beyond the original specifications. I have performed several tasks which were not originally requested just trying to be helpful and kind. Last week she threw a childish temper tantrum (she is 85) and shrieked at me so bad that my hands still shake just thinking about it. She wants a FULL REFUND. I refuse to work with her anymore, I will not be treated disrespectfully and unprofessionally. The website is almost complete, and I've spent many, many hours on the project. I feel I deserve to be paid for my time, however I have generously offered her a 50% refund (she can keep the work I've done so far). She refused my offer.

What can/should I do?

 

[tranquility]

You need to send a letter to the woman stating why you think she is going to breach the contract and ask for assurances that she won't. (Give her a reasonable time to respond.) The type of information required can be found with an search on Google for "anticipatory repudiation". If she does not provide adequate assurances, you can claim she is in breach of contract.

Sue her for the breach.

 

[OHRoadwarrior]

If this is an individual, you may find her dead by the time you obtain a judgment and attempt collection. You should have obtained payments toward completion.

 

[LdiJ]

If this is an individual, you may find her dead by the time you obtain a judgment and attempt collection. You should have obtained payments toward completion.

Considering that she is asking for a FULL REFUND...I have to assume that the OP got paid in advance.

 

[tranquility]

If the OP did get paid fully in advance, he should finish the project and send a letter to the woman that the project is completed and the contract closed.

 

[shewolff]

First, thank you all for your answers!

Yes, I was paid in advance. The project is 80-90% complete, and I feel that a 50% refund is more than fair on my part.

The major sticking point with the project is this: I was hired to design a WEBsite. Now, well after the project commenced (software installed, pages created, content placed), the client wants each page of the website to print on one sheet of paper per page, like a book so-to-speak. The word "print" does not appear anywhere in my WEB design quote. I do not do ANY print work, and I feel that this additional feature request substantially changes the scope of the project. I did not learn of the "print" issue until well into the project.

...finish the project and send a letter to the woman that the project is completed and the contract closed.

The majority of the work I agreed to do is done, in my opinion. The remaining argument is that the pages do not print out as she would like. Visually, the website is fine - it works just like any website is supposed to. It is viewable in a browser, and all the content, photos, documents, links, etc are in place. Although she may still have some minor edits to make to the wording.

Update - client just emailed me that she would accept a 75% refund. I am unwilling to accept that.

Thoughts?

 

[tranquility]

If the project was done to specifications, I am uncertain why any rebate is appropriate. Sure, all business will toss a little oil to a squeaky wheel if they want them to remain a client. But, this gal is gone. All you want to settle for is enough to make it go away with no more hassle.

 

[shewolff]

If the project was done to specifications, I am uncertain why any rebate is appropriate

I see your point - but my position of "done to specs" is at odds with her (unrealistic) position of "I didn't get what I paid for". The project is "almost" complete, but not 100% complete. Being the reasonable and honest person that I am, I'm willing to meet her in the middle with the 50% refund, just to conclude, settle, and finalize our business together and put an end to this ridiculous situation.

I refuse to do any more work on this project - take that as "I quit". I realize that I will never be able to deliver the work she now demands to her satisfaction. She has become rude, mean and extremely argumentative. There is no way we will ever come to an agreement on this issue. I just want to be done with it, and thought a 50% refund was fair. We both win - she keeps all the work I've done, and I don't end up working for zero pay.

Is this as cut and dry as I think it is? Or should I "Lawyer-up" for a battle in court if/when she sues me? Do I have a good case?

I am also curious about your opinion as to whether the "print layout feature" indeed constitutes a substantial change to the project specs?

 

[HomeGuru]

This is not a huge case/ Attorney fees would exceed your refund amount. Maybe get an attorney to write a letter to the client.

 

[justalayman]

since you refuse to continue to work with the client, you are the one breaching the contract. I suggest you make all efforts to complete the contract to 100% as you understand the contract and then forward the letter suggested previously by tranquility. It is obvious you will not reach a point of settlement as it is going so you need to complete the contract to avoid allowing her a claim that you breached the contract. Once you have completed the contract, it is up to her to decide what she wants to do. You need take no additional actions after the work is completed.

 

[shewolff]

since you refuse to continue to work with the client, you are the one breaching the contract

make all efforts to complete the contract to 100% as you understand the contract

Oh boy, have I made efforts...

The email I received from the client last week (which started all this) stated that I perform the work SHE thinks I should do...or "The alternative is to return the money, $2500, that I have paid to you in full and without delay". Almost everything is done, however we are stuck on this print issue and are unable to get past it.

One example (among many) - One particular page contains 9 photos. I put the photos up originally small enough that they would print on one page. Then she had me enlarge the photos because she wanted them larger. Now the page does not print on one page and I have to reduce the photos again to meet this new print demand.

How can I possibly complete the site when we are stuck on the print issue, which was NOT included in my project specs?

And... am I breaching the contract when she has shrieked at the top of her lungs, thrown the phone across the room, called me a liar and insulted me? Do I have to continue to be mistreated and disrespected by a client? At what point does one draw the line with acceptable behavior?

 

[tranquility]

since you refuse to continue to work with the client, you are the one breaching the contract. I suggest you make all efforts to complete the contract to 100% as you understand the contract and then forward the letter suggested previously by tranquility. It is obvious you will not reach a point of settlement as it is going so you need to complete the contract to avoid allowing her a claim that you breached the contract. Once you have completed the contract, it is up to her to decide what she wants to do. You need take no additional actions after the work is completed.

I completely agree. The OP should do what he promised. Anything less is a breach of contract. All the other folderal is just that; folderal. Sorry about the disagreement--good thing you had the specs in writing.

Follow the specs. Assume a portion of the community looking at the thing at a distance and figuring what they will say. If you did the work, you did the work. If you get in a huff because the client is mean, join the world. Anyone in such a situation has many stories; do you want to hear some of mine? Do what you promised. Demand what was promised. If you want, you can negotiate to make any disagreements go away.

 

[justalayman]

How can I possibly complete the site when we are stuck on the print issue, which was NOT included in my project specs?

do you have a written scope of the project? If not, it is going to be her understanding of the verbal contract versus your understanding of the contract if it goes to court.

And... am I breaching the contract when she has shrieked at the top of her lungs, thrown the phone across the room, called me a liar and insulted me? Do I have to continue to be mistreated and disrespected by a client? At what point does one draw the line with acceptable behavior?

the treatment has nothing to do with the contract. Either you perform or you don't. If you refuse to complete the contract, regardless of the reason, you are the one in breach. Whether a court would agree that her treatment of you was just cause to breach is up to the court. At that point, it will also be up to the court to determine what, if anything you owe the client.

 

[HomeGuru]

Let's see what the OP responds with.

 

[TigerD]

Of course, you realize that the change you are talking about sounds remarkably like a simple print style sheet.

DC