I think I know the answer, however, after getting nowhere on an internet search, I thought I'd ask here.
We signed a contract with an interior designer for design including detailed drawing for contractor as well as planning dept, assistance in product selection, and contractor liaison for our upcoming remodel of our master bath and laundry room. Due to various issues, I have decided to terminate the contract. We have no final design on the master bath, have done some product selection. Just started on the laundry room design and have the first cut to start discussion.
We are located in California. Contract is flat fee, no cancellation terms, no milestone billing (in fact billing is not addressed other than to say 'excess' work to be billed at $X/hr), termination is not addressed.
My position is that the fees should relate to the portion of the work completed as contracted for, in essence, milestone type billing. Hers is that they have billed for work performed. I asked and she stated that once the hourly billing bumps up to flat fee, any additional work done would not be billed. We have paid 55% of flat fee to date and there is an outstanding invoice which would bring billing to date to 72%. If we pay her the additional amount it will be well north of 72% for work to be done.
Do I have a leg to stand on? Or are we stuck paying the additional amount and getting zip. If I provide her with a final design, she'll bill us additional for the drawings .
We signed a contract with an interior designer for design including detailed drawing for contractor as well as planning dept, assistance in product selection, and contractor liaison for our upcoming remodel of our master bath and laundry room. Due to various issues, I have decided to terminate the contract. We have no final design on the master bath, have done some product selection. Just started on the laundry room design and have the first cut to start discussion.
We are located in California. Contract is flat fee, no cancellation terms, no milestone billing (in fact billing is not addressed other than to say 'excess' work to be billed at $X/hr), termination is not addressed.
My position is that the fees should relate to the portion of the work completed as contracted for, in essence, milestone type billing. Hers is that they have billed for work performed. I asked and she stated that once the hourly billing bumps up to flat fee, any additional work done would not be billed. We have paid 55% of flat fee to date and there is an outstanding invoice which would bring billing to date to 72%. If we pay her the additional amount it will be well north of 72% for work to be done.
Do I have a leg to stand on? Or are we stuck paying the additional amount and getting zip. If I provide her with a final design, she'll bill us additional for the drawings .