Legal Question in Construction Law in California
I had a contract with a client to do several art projects throughout their home. I did 5 of the 6 because the wife said she didn't want me to do the last one. I gave them a final invoice for what was completed and the materials for the final project. She didn't have the checkbook. The husband called and said I didn't finish one little thing. When I return for that he will pay me. I did that and he said he didn't have the checkbook. He then says he wants the last project done because he has to pay for the materials anyway. I asked for payment of the completed projects first then I will return to do the last thing. He said no because my contract states the I get final payment upon completion. I said his wife cancelled the last thing and I should have been paid that day for what was complete. He tried to offer me a partial payment, but I wouldn't accept it. The wife also contacted another artist in the middle of my working there for an estimate and design on what I was doing. She told me she loved my work so that wasn't the problem. Is he right that it's not complete? Do I have the right to be paid for completed work since she verbally cancelled the last project? It's been very hostile dealing with them and I don't want to return to do the last project. I also gave them the materials for the last project that he hasn't paid me for.
1 Answer from Attorneys
You have no proof of the verbal cancellation. They have proof it wasn't done. It's a fight you can't win. Finish the work and demand full payment.
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