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Dwayne B.
Dwayne B., Attorney
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Experience:  Began practicing law in 1992
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hi there, I am a independent Graphic Designer. I was working

Resolved Question:

hi there,

I am a independent Graphic Designer. I was working on some projects for an Israeli company here in Los Angeles. We have almost everything finalized and I invoiced them for the rendered services. They are disputing my prices but want to have all the files given to them. Not all prices were set before the work as started and they did not want to have an estimate for some of them. I just received an email in Hebrew from the owner of the company, whom I have met several times before. His english is not good, but how am I supposed to read what he says?

They are threatening me with legal action.

What should I do?

Corinna
Submitted: 4 years ago.
Category: Legal
Expert:  Dwayne B. replied 4 years ago.
Have they indicated they are not going to pay or are they just delaying payment past when they are supposed to?
Customer: replied 4 years ago.
They don't want to pay what I charge them. This is what the english speaking employee Elie told me. Elie is the guy I was talking with on a daily basis to get the work done. I had a meeting with him and an other employee of that company last Thursday, where we talked about my invoices and argueed about the price for several hours. Finally we came to a verbal agreement and they told me they would drop off the check over $5000 dollars at my place last Friday. This week I found out that apparently they owner of the company who is in Israel at the moment and does not speak english well, is not satisfied with the price. In fact he just emailed me something in hebrew...... I don't understand hebrew and he knows that. Now Elie and they other employee say that they had told me that the boss needed to approve it,.... which is not true. Why would they negotiate with me, if they really have no negotiating power.


There are some projects (stationary items) that we finished before and I did get paid for them. They made changes afterwards and requested new files. I did tell Elie I would have to charge extra for it, but left the amount open. From what I am getting from google translating the hebrew letter, is that they do not want to pay for the changes. Also there are to 2 tri-fold folders which I initially quoted as $1600 each for 2 initial designs and 4 rounds of changes. I really wanted the job and had to cut that rate in half. Now we ended up with 23 rounds of changes on one of the folders and I want to charge them more for all the extra work. They are telling me that I should have told them before that this will be more expensive,..... I worked on their logos before which was the same thing,..... they wanted more versions and went through a lot of rounds of changes but in the end agreed to pay what I had asked. That is why I assumed we would just figure out the final cost for the folders at the end.....


There are also inserts and a trifold which they asked me to design and after the work is done and I provided them with the invoice they think it is too high.

Let me know if you have any more questions.

Thanks
Corinna
Expert:  Dwayne B. replied 4 years ago.
What kind of legal action are they threatening against you?
Customer: replied 4 years ago.
this is the email from yesterday,.... Lior is the owner of the company. The first 2 sentences are not true (as I mentioned before)


Hello Corinna,

Yosi and I told you that first we had to speak to Lior and brief him on our meeting. Then we had to obtain approval from Lior prior to making any payments.
That being said, Lior does not want us to be involved in discussions related to fees any longer. This issue is now between you and Lior.
Lior is very upset that the project is dragging on and this is causing much damages for his companies.
He is requesting that all files be finalized (even in view only mode for the latest ones) and he will resolve the final payment with you. He wants to see and know that all the work has been finalized before he issues the final payment.
As discussed, Lior would like you to prepare a CD with all the final files (all versions) organized by company.

Failure to complete the project will result in legal action.

My involvement going forward is strictly for input on creative/copy.
It is still passover holiday in the usa, but I will review and respond. I am waiting for the ALC Construction brochure and tri-fold, and the ALC Green files.

Thank you,
Expert:  Dwayne B. replied 4 years ago.
He says finalize the project but he doesn't mention turning it over to them. I would say wrap it up pursuant to his instructions and tell him they are available as soon as you are paid. Put it in writing IF this was he agreement and not that they were to be billed.

If this wasn't the agreement then the only thing you can do is turn the work over and sue them.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 4 years ago.
2 questions:

If I finalize the work and turn it over, most likely they will provide me with a check of what Lior thinks is right, which is less than we agreed upon in our meeting. How should I react.

They want to have a letter stating that they own all the rights to the projects I designed. (they might not give me any payment otherwise).

Last question:
What kind of response would you recommend to the email in hebrew I received?

Thank you very much!
Expert:  Dwayne B. replied 4 years ago.
Just make it clear that you are not accepting that. I would say you are under no obligation to give them the letter until you are paid in full and make it clear you will provide the letter when you are paid.

As to the email in Hebrew I'd just write them back and tell then you don't read Hebrew.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27123
Experience: Began practicing law in 1992
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