Legal Question in Business Law in District of Columbia

billing dispute

I am a self-employed freelance writer based in Virginia. I have a dispute with a client, a not-for-profit foundation, in Washington, D.C., that asked me to write a series of essays that were published on its web site. The foundation and I neglected, however, to agree on a rate of compensation at the outset, and now the client wants to pay me at a rate that is well below my customary fee, which is in line with the industry standard. Is the onus for establishing an agreed-upon rate on the seller or the buyer? In my experience purchasing goods and services from automotive garages, restaurants, etc., the time to ask about and negotiate price is prior to delivery--not after. What does the law say?


Asked on 10/12/07, 4:53 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: billing dispute

The "law says" that both parties to a contract are responsible for coming to an agreement on the contract price of an item or product that is to be produced and delivered by one of the parties to the other.

If such a key component to the agreement as the price has been somehow omitted through inadvertence or whatever, then the ususal or customary price applied in the industry or commerce in which the product is normally produced may be recognized as a reasonable substitute, but it may require litigation to finally settle the matter if the other party refuses to agree to the substituted price.

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Answered on 10/13/07, 6:11 am


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