Legal Question in Business Law in California

I am a small business owner that paid a local Graphic Design company to redesign some banner stands for a trade show booth. They quoted and invoiced $971.00 which was paid with a check upon pick up of merchandise and it was cashed. Two weeks later I get an email stating that they are going to charge me another $275 because they claim that they actually under bid me because THEIR vendor charged them more than they thought it would be. I refused to pay the additional fee because I had already paid for services rendered. They now have sent me to collections. Do I have recourse and is this legal for them to do?


Asked on 8/13/12, 4:42 pm

2 Answers from Attorneys

If those are the complete facts, it is not legal for them to do. If they gave a quote, which you accepted, they did the work, they invoiced you the quoted price and you paid it in full, that's the end of the story. It's way some construction subcontractors who work with supplies and materials that have volatile prices give contingent quotes, with the cost of materials being subject to change, or they quote a "not to exceed" that covers the highest estimated cost of materials. Absent that kind of quote and agreement, your vendor is stuck with the price they quoted and you paid.

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Answered on 8/14/12, 3:19 pm
Keith E. Cooper Keith E. Cooper, Esq.

They may claim they made a mistake, which is a legal reason to void a contract and excuse performance, meaning that they could have refused to do the work. But they went ahead and did the job at the rate they quoted and which you paid in full. In practical terms, they would have had to get the supplies before they created the work for you and must have known then how much it would cost, unless their vendor mis-quoted them. It seems that their claim should be with the vendor, not with you.

They also have the issue of making a false claim against you for a debt you never agreed to, which may violate collections laws.

You really should take all your paperwork to a lawyer as soon as possible because, unless you handle this correctly, you might screw up your credit and cost yourself more money.

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Answered on 8/14/12, 4:54 pm


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