contract question

[tina.girod@veri]

What is the name of your state? California
I am a freelance writer who entered into a contract with a publishing company to write a book. The company pays a flat rate of 3,500 per book, paid in 3 equal installments. The first installment is paid after an outline and first chapter is submitted. The second is paid after an "acceptable" draft is submitted. The third is paid upon completion of all edits and back matter. Now, I was paid for completing the outline and first chapter, which were edited and approved. Then I did the draft, which was accepted and I was paid the second installment. During this time I was pregnant with twins and had medical problems and could not complete the final version of the book. The publisher was ok with this and decided to find a rewriter. Now, several months later, suddenly the publisher has decided my manuscript was not in an acceptable form and they have to pay the rewriter more money than expected. They have asked me to return the money from the second installment--can they do this? Now, my book was in acceptable form previously, and then they gave it to a different editor, who had different ideas about how the book should be, and suddenly it's not in acceptable form. Can they demand the money back, and what will happen if I refuse?

 

[I AM ALWAYS LIABLE]

My response:

Unless you plan to use this publisher in the future, then I'd tell them to "stick it in your ear." They accepted the draft "as written", and pursuant to the contract, they're stuck with it as it existed when they bought it.

You know, it's a little like saying, "I bought a car last year, but this year, the new model has a bigger engine. I want all my money back so I can get the bigger engine."

Bull crap.

IAAL