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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
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I run a video production business. The business comprises of

Customer Question

Hi, I run a video production business. The business comprises of me solely.
I have, over the last weeks been producing a series of films for a company.
The budget was agreed as was the brief. The client (on advice from some of her clients) sent through comprehensive edit notes to make changes to the series of films. These were carried out to the letter. She now says that she is unwilling to pay for the films as we haven't fulfilled the brief. The quality of the work and professionalism shown to her has been of a very high standard and we have done everything to accommodate her ideas.
I have been left in a position now of having to pay a substantial sum for accrued expenses - studio hire, sound recordist, make-up etc etc. I have also worked many days and long hours following the brief and indeed her specific amendments to the brief, all in good faith.I have worked in this business for 25 years and have never encountered this happening before. While no formal contract was issued I do have a trail of emails from the clients which outlines the process.
I wonder if you can advise on my legal position on this.
Best wishes
Martin Burt
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

Your legal position is that you have a contract, partly verbal and partly contained in writing, and that your client is in breach of contract for failing to pay you in accordance with that contract. You have fulfilled your side of the bargain. From your narrative you have worked above and beyond in order to get the product to the client. Your remedy is to issue a written letter requesting payment in accordance with the contract. If this is refused or ignored you can sue them in the sheriff court. Depending on the amount involved will depend on which procedure you can use, i.e., small claim, summary cause or ordinary action. Happy to discuss further. In the meantime I hope that helps. Please leave a positive rating so that I am credited for my time.