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L am a visual artist working as a sole trader. I recently
My name is***** l am a visual artist working as a sole trader. I recently completed a mural for a new resturaunt that is opening up. Upon presenting them with the invoice for the work (which matches my quote, they started to say they were disatisfied with the work. They had viewed the work before this, at which point they only said one persons nose could have been wider and that there could have been more detail in a darkened door way, to which l said " l had already added more detail than there was previously. These two items are extremely small. The mural is 4 x 14 metres in diameter. I offered a discount of $200 for these things. this all took place on 16.09.17. some texting back and forth took place at this time, where things became heated. I thought some time out might help the situation, so l left it for 6 days. At first the wife indicated via text that she would pay at the end of the legal time even though we had a verbal agreement that they would pay at the end of the job. When l offered the discount to the husband, he said he did not want a discount and would review my invoice before making an offer. I texted him after 6 days to see where he is at with this, he said he would consider it that night, l did not hear from him so contacted him again at the end of the following at which time he said he would get back to me some time next week. He keeps shifting dates so l said via text that he's had enough time and that l would only be willing to wait until Tuesday of next week and that if l did not hear from him that my current invoice issued stands and would be payable by 16.10.17. He had previously threatened me with legal action, so l said, if l don't receive payment by that date l would be seeking legal assistance to retrieve the funds. My question is- do l have a case here? I only had a very basic quote stating "mural at*****..." and only had a verbal contract stating it was to be of a street scene as in a wall with a lane way leading off from this street scene. I quickly did some mock ups where we agreed upon 3 shop fronts and 4 people to be included. They changed their minds continiously throughout the job, l accommodated this a lot...weeks of work proceeded, l eventually asked for a list of final changes at which point l said it would be finished once these were done, which l did. They are saying it's not finished and that they are seeking someone else to finish the work. Do l need to wait until 16.10.17 before l apply to VCAT? Or can l apply now if it is the best coarse of action for me to take? I fear they will take legal action against me, from conversations along the way l gather they are letigious people, l have been working as an artist for 30 years and have never had an issue before, so am very new to this process. … read more
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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).

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