Q: Verbal contract - client is backing out and unwilling to pay
I work as a freelance drafter. I have been working on a project that had an original scope of providing services for a new build. Our schedule slipped a week or so from agreed date, but was ready to submit completed work. I found out that the steel fabricator was unable to provide drafting for a portion of their work due to losing an employee. This was not in my original scope but figured I could lend the client a hand and help even though this is not my area of expertise. I made it clear that it would take more time and that it is not what I typically do.
Fast forward a few weeks I am finished up but the client has decided to go with another person/company for the work. They are unhappy it has taken so long and they have received nothing and refusing to pay. (Note: I sent a draft to them showing the work originally agreed on a month ago). I said if they feel that way I would take a portion of the fee and part ways. They still refuse to pay for the service. Am I in the wrong here?
A: Depending on a detailed analysis of the communications and facts in your case, you may have a claim for promissory estoppel against the client. These claims come into play where there may not be a legally enforceable contract but you have detrimentally relied on the client's promises and suffered loss as a result. Consult an attorney to evaluate the merits of your case.
Tim Akpinar agrees with this answer
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