Can I cross-claim?

Hi Aunty,

Mid-last year I won a contract to do some rebranding work for a new client. As part of that I asked a graphic designer to assist me on the design elements of the project and I offered him a fee to do that.

Since then, I’ve had to drop this relationship as the designer provided poor quality work and did not stick to his deadlines. I had to put up with excuse after excuse why things weren’t being done when in reality he was off surfing, playing soccer or doing some other leisure activity. Apparently he was into having a work/life balance that tipped in favour of life more than work.

He has now billed me for the full fee even though he has not delivered on the full scope of the design part of the project. I am refusing to pay the full amount because the project is incomplete although I do acknowledge that he attended one meeting and did some work, regardless of the quality and timing. I have offered him 25% of the fee on this basis.

He has refused this and now it seems he’s going to pursue the full amount. I really do not want to go down the legal path this will cost me time and money.

Since the designer’s poor performance the client has withdrawn the design part of the project so I am now also losing out on a management fee for this. The client has confirmed it’s because of the designer, although my portion of the work they are happy with and will continue that part of the contract.

My question is how do I get him to see sense and take the 25% offered? Also can I cross-claim against him because I will now be losing out on a management fee and it’s because of his poor work practices?

Looking forward to your advice.

Yours sincerely,

Hard working MD,
Sydney

Dear Hard working MD,

You cannot make him see sense because he is lazy and unprofessional. You say you don’t want to go down the legal path and a cross-claim is a legal claim so not sure what you are thinking here.

Look, here is what I would do. Go in with all your guns blazing. Get your lawyer to send him a letter offering 50% payment. Tell him if he doesn’t accept that you will sue him for breach of contract and you are quite prepared to go all the way. Tell your lawyer to write a very stern letter from her or him, which should cost you a few hundred bucks. That will do the trick.

Good luck!

Your Aunty B

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