Legal Question in Business Law in California

I am a freelance programmer in California who is owed about $22K for work done for a client in the UK. I had them sign a couple contracts, and I had agreed verbally (via email) that I would leave extra time on the invoices so that they could get their funding.

However, I just learned that their funding has been cancelled. I'm not even sure they're aware of this fact, or if they've hidden it from me, as I contacted their funding company to learn about the cancelled funding. While they are still communicating with me and haven't given me any red flags that they intend to not pay me, I'm still pretty worried about payment and am wondering what my next steps should be before I communicate with them any further.


Asked on 1/29/15, 8:26 pm

1 Answer from Attorneys

Keith E. Cooper Keith E. Cooper, Esq.

This is really more of a business decision than a legal one. It is not usually a good idea to allow a client to accrue such a large balance without making any incremental payments.

My suggestion would be to ask for a partial payment now and let them know you can't deliver any more work until you've received something (how much is up to you, but it should be more than a token amount). If you're aware that their funding is cancelled, no doubt they are, too. It is probable that they're pursuing other sources of financing, but it may or may not pan out. Meantime, there's no real reason why you should allow them to increase the amount they owe you. After you request payment, they will probably tell you their funding has dried up--if they don't, and don't pay you, then you should let them know you're aware of the situation and are concerned.

For my clients in similar positions, I recommend that they retain ownership of creative work until payment is made in full. That way, if they're not paid, they can prohibit their deadbeat client from using the work. To do this, you need to have a written lien on the work, which you would need a lawyer to construct for you. I'm guessing you didn't do this, so your best option right now is to not get in any deeper.

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Answered on 1/30/15, 3:34 pm


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