I contracted a pro fx artist to make me a core fore making silicone masks,sculpt a mask and make a mold of it for a silicone mask company I'm starting out. Silicone masks if you are not aware move with your face and show expresion with your face while you talk and look like 7 hour make up jobs. I paid $10,000 and received something that I would be embarssed to send anyone. I don't know as a pro how he could do that. He insist he delivered the product as per the contract he wrote up referring to this as a prototype . The mask is so big it doesn't touch your face while wearing it. Which in turn does not reflect any expression . So basically he made me a $ 10,000 Halloween mask u can by in the store. The medium he used was silicone but he used the wrong methods I learned after speaking with other artists. I was also informed he overcharged me on top of delivering something I couldn't give away. Sorry for the long story but its difficult to explain . Is this useless mask and molds he sent me for 10grand considered by law a prototype . Definition of prototype :a first or preliminary model of something especially a machine,"from which other forms are developed or copied". Which I dont want this developed or copied its trash.Thank you for the answer. Response: Whether or not it is a prototype is irrelevant if the product did not conform to the terms of your contract. Being a prototype does not mean that the product cannot conform to the terms of your contract. If the prototype was poorly designed as appears to be the case here and that means that the real thing that would be made out of the prototype would come out wrong. The "artist" breached your contract and hiding behind the reason that what he made is a prototype is immaterial and would not do him any good. You should sue him for breach of contract and for return of the $10,000.00 that you paid for poorly designed product. Nevertheless and for the record, what you described here is indeed a prototype.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).