lovebearsall
Junior Member
Florida
Hello all and thanks in advance for reading my post and for any advice you might leave!
I am new to this forum so please forgive if I missed something I should know.
I am an artist and was recently contracted for a job painting 12 murals. We never wrote or signed any contract so when I say contract it is indeed all verbal. I will refer to the person hiring me as JR. JR had me come in and view his business in Nov., he needed 4 murals painted, a logo wall mural and the walls painted in his new salon. I had put together a design and we talked about what colors, etc. I received a call a few days later stating that they could not use my services because I was not licensed. (I am not a business, just a fine artist! ) I kindly accept and I offered to only do the murals (as I know of no license needed to paint murals) but I was refused. Ok, not a problem, I understand.
Fast forward two months, I receive another call from JR this January, he is wanting 12 murals painted (on canvas, 134 sq. ft. total) and he asked for a quote. I told him $25 per sq. ft. and charged a total of $3,350. He looked over the prices and told me it was out of his budget and counter offered $1,300+ more money for more detailed paintings and + supplies + free salon services (excluding 'tip'). Since he agreed to purchase supplies, I agreed to the price. I then asked for a $500 deposit with the rest payable upon completion.
About a week later JR was ready to buy supplies and so JR's assistant and I went to Pearl (discount art supply store) and purchased the twelve canvases along with paints, brushes, and paint additives, totaling about $1,000 (premium quality items, much on sale, stuff I would have purchased for the project if I was in charge of buying). Before we reached the counter I had asked twice if JR had a budget in mind, what was acceptable to spend and asked if JR's assistant approved of what was being purchased. I received an email that night that said the project was beyond JR's financial expectations and they were returning all supplies and JR wanted his deposit back. I wrote back to JR that we can return many items and purchase student grade quality items to save money and move forward with the project for much less money. I never mentioned the deposit, I was trying to work with him.
I received a phone call the next day from JR's assistant asking for the deposit. I told her I would be in touch with JR. JR wrote an email, again asking for the deposit but I have yet to answer as I would really like some legal advice first.
I feel that I am entitled to keep the deposit for my time and effort I have already invested in TWO different major projects JR had me draw up designs for. As far as I am concerned and with most businesses, deposits are NON-refundable.
Now I hear that he is threatening to sue.
What should I do? Should I cave and give JR his deposit before he takes me to court? Is it all just a threat? Would I lose in court? What about my time and efforts?
Thanks again, all, I really do appreciate your help!
Hello all and thanks in advance for reading my post and for any advice you might leave!
I am new to this forum so please forgive if I missed something I should know.
I am an artist and was recently contracted for a job painting 12 murals. We never wrote or signed any contract so when I say contract it is indeed all verbal. I will refer to the person hiring me as JR. JR had me come in and view his business in Nov., he needed 4 murals painted, a logo wall mural and the walls painted in his new salon. I had put together a design and we talked about what colors, etc. I received a call a few days later stating that they could not use my services because I was not licensed. (I am not a business, just a fine artist! ) I kindly accept and I offered to only do the murals (as I know of no license needed to paint murals) but I was refused. Ok, not a problem, I understand.
Fast forward two months, I receive another call from JR this January, he is wanting 12 murals painted (on canvas, 134 sq. ft. total) and he asked for a quote. I told him $25 per sq. ft. and charged a total of $3,350. He looked over the prices and told me it was out of his budget and counter offered $1,300+ more money for more detailed paintings and + supplies + free salon services (excluding 'tip'). Since he agreed to purchase supplies, I agreed to the price. I then asked for a $500 deposit with the rest payable upon completion.
About a week later JR was ready to buy supplies and so JR's assistant and I went to Pearl (discount art supply store) and purchased the twelve canvases along with paints, brushes, and paint additives, totaling about $1,000 (premium quality items, much on sale, stuff I would have purchased for the project if I was in charge of buying). Before we reached the counter I had asked twice if JR had a budget in mind, what was acceptable to spend and asked if JR's assistant approved of what was being purchased. I received an email that night that said the project was beyond JR's financial expectations and they were returning all supplies and JR wanted his deposit back. I wrote back to JR that we can return many items and purchase student grade quality items to save money and move forward with the project for much less money. I never mentioned the deposit, I was trying to work with him.
I received a phone call the next day from JR's assistant asking for the deposit. I told her I would be in touch with JR. JR wrote an email, again asking for the deposit but I have yet to answer as I would really like some legal advice first.
I feel that I am entitled to keep the deposit for my time and effort I have already invested in TWO different major projects JR had me draw up designs for. As far as I am concerned and with most businesses, deposits are NON-refundable.
Now I hear that he is threatening to sue.
What should I do? Should I cave and give JR his deposit before he takes me to court? Is it all just a threat? Would I lose in court? What about my time and efforts?
Thanks again, all, I really do appreciate your help!