Client Not Responding after Signing Work Acceptance Agreement

<p >A few months ago I received a request for an estimate to photograph two buildings in the Arab Gulf . The architects who contacted me are based in Singapore. I submitted my offer and heard nothing from them for a month or two when I happened to be in Singapore on assignment. I called their office and asked if I could pass by for a short meeting, thinking in fact that the job I had bid for was already taken by someone else. Very nice, obviously successful office where I met two very agreeable people including one of the studio's principals. We chatted for a while and they informed that the job I had bid on was still open. I asked what I needed to do to clinch the work and they told me it was mine. A few days later I sent my standard work agreement form with a clause for 35% advance, etc,etc. Waited a week or more and heard nothing. I had also requested that they send me a letter of introduction (by email of course) to forward to the management of the two properties to be photographed in order to gain permission to do the work. I also asked for any particular comments on what they were looking for. Waited a few more days and heard nothing. I had been emailing only the principal I had met with. After this long wait I then copied all correspondence to the other architect who was in on our meeting. Within a day I received a signed copy of the agreement form but was told that my advance could not be paid until later in the month as the person responsible for payments was out of the country (that always sounds fishy to me when I hear it).<br />In the meantime I have traveled to the location where I had other work during which time I put in about a day of doing exteriors of their projects for which I did not need permissions which still had not been forthcoming.<br /><br />So, it has now been almost two weeks since the payment should have come through to my bank account and nothing has been sent. Also, no reply to any of my several of my emails.<br /><br />I have been in business for over forty years and have never had to deal with something quite like this.<br /><br />What would you do? (I have not tried phone calls as I figure they will not take my calls if they are not answering my emails. Also, to be honest, I would find it humiliating!)</p>

<p>"So, it has now been almost two weeks since the payment should have come through to my bank account and nothing has been sent. Also, no reply to any of my several of my emails."<br>

What would I do? I'd email them that it was game over and that I was moving on. Even if they paid, you can expect more problems.<br>

<br>

cb</p>

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<p>What would you do? (I have not tried phone calls as I figure they will not take my calls if they are not answering my emails. Also, to be honest, I would find it humiliating!)</p>

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<p>To be blunt: I would have tried phone calls before extensive emails because if I cannot get face to face to read body language, then for me the next best is to hear the nuance of voice to best understand the exact meaning and the content of a conversation.</p>

<p>To be blunter, one cannot afford the luxury of the emotion of “humiliation”: it is business, not romance.</p>

<p>On the face of it, I agree that I probably would have shoot the outside of the building had I already been on site or in the near vicinity anyway.</p>

<p>Bottom line: I think you need to telephone the decision maker, put pressure on whomever answers the phone to get through (unlikely to be the decision maker who answers phone) and nail down a day of commitment for payment. If the payment does not come through on that day or if you cannot get a commitment then I would walk.</p>

<p>From what I understand of the situation I might have walked earlier.</p>

<p>WW<br>

</p>

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<p>"I would find it humiliating!"</p>

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<p>Why?</p>

<p>What is the point of having a 35% advance payment clause, if you then go ahead and invest your time/money before the advance is paid? While not a pro photographer I have seen the same situation in my day job (software development). Unlike the posters above I would never have done any work prior to payment of the advance. An evasive clients is at best horribly disorganised and at worst planning to not go ahead. In either case you should never be the one who has spent money/time because you end up where you are now, trying to chase payment. Once they have paid you the advance they have skin in the game. They have a reason to move forward and if they don't you aren't the one who is hurt financially.</p>

<p>Given your current situation your best course of action is not to keep hassling the unresponsive/disorganised primaries. Instead you should be calling their accounts department and asking to speak to "account receivable". Tell them you have an overdue invoice, that you spoke to Mr X on [date] and he said payment would be made by [date] and ask what the status is. They will almost certainly say that they don't have a copy of the invoice or that they have no record of the project etc etc. You can immediately email/fax them the copies of the invoice/contract that you have sitting next to you ready. </p>

<p>Once you have payment of the 35% (and they don't have any images in anything approaching a usable form) you are in a much better position to push the project forward. Even after payment I wouldn't do any more work until they have given a clear indication that they intend to proceed (such as actually supplying the required letter of introduction).</p>

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<p><em>"Instead you should be calling their accounts department and asking to speak to "account receivable". Tell them you have an overdue invoice, that you spoke "</em></p>

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<p>You probably meant "accounts payable", but I'm not sure it's a professional approach that'll get the OP paid. <br>

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The agreement stipulates a 35% advance; the agreement is basically null and void if the advance isn't paid. Any work performed prior to receipt of the advance is at the photographer's risk and will be questionable whether it will be entitled to payment. <br>

<br>

I suspect the architectural firm is either preparing a proposal or requires photos to document work performed on the immovables. Either case it might involve long lead times typical of such projects. Harassing the firm will not accelerate the process, and the photography being a subcontractor's work many layers down the process isn't going to have any influence on its outcome. <br>

<br>

I suggest being patient with regular intervals of inquiries on the project's progress without becoming a nuisance. <br>

</p>

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<p>"The agreement stipulates a 35% advance; the agreement is basically null and void if the advance isn't paid."</p>

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<p>I don't know how it is done in the country at issue here but, even in the U.S., missed payments or other sceduled performance doesn't necessarily excuse the counterpart's performance or make the contract "null and void". Which is why many wedding photographers here, for example, will shoot a wedding even if the client missed a payment deadline. Many contracts go out of the way to clarify what happens if a payment is missed to avoid this exact issue.<br /><br /><br />Do we know how the situation is treated in Singapore or wherever the jurisdiction may be or what the contract even says?</p>

<p>John, I should have written "making the agreement essentially null and void in practical terms". </p>

<p>I don't think this event rises to the level of calling on legal intervention, rather it appears to be a (relatively) small job that happens to span continents involving events beyond the control of involved parties. There is unlikely any ill will by my interpretation. </p>

<p>Irrespective of who and where they are, some people are just excessively difficult to deal with. They do not seem to be considering your project, and communication with you, as being terribly important. In my experience, people who behave like this are unlikely to change, and everything you need from them will be slow and hard fought. I can't deal with people like that. It doesn't sound like the work you've done so far has cost you much in real terms, and so (whilst I agree with those who question why you have a deposit policy yet start work without payment) it doesn't seem that your real cost incurred prevents you from walking away.</p>

<p>Think ahead to a point where you've paid for flights, hotels, and invested several real days ( with an opportunity cost) in the project. You have the pictures and sensibly you won't hand the work over till you're paid. And then they go silent on you again. You're no longer so free to walk away.</p>

<p>As an alternative you could tell them that in the light of communication difficulties you are increasing the deposit to 100% and remind them that you need the letters of introduction and before you can arrange travel etc. BTW does your agreement cover what happens if the managers of the buildings concerned refuse their permission or demand payment in return?</p>

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<p>"So, it has now been almost two weeks since the payment should have come through . . ."</p>

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<p><br /> . . . it is about four weeks now.<br>

What happened?</p>

<p>WW</p>

<p>Hello,</p>

<p>First of all, thanks to all of you who have posted comments here.<br>

Further, to be blunt, for those of you who have faulted me for going ahead on the work without having received my advance , I have this to say -<br>

I love my work which for the most part is taking photographs of beautiful buildings. Perhaps your work is so boring and mundane that you only do it for the money. Too bad for you. I was in the country, I knew where the two properties were and I knew they were both interesting structures. That is just why I do architectural photography.<br>

In fact I sent a gentle reminder to the accounts department and two days later my advance posted to my bank account. Still no word from the people I met with but that is OK. I will now send samples of the work done so far and not proceed with further shooting until I hear from them.</p>

<p>Good oh. Glad that it worked out.<br>

WW</p>

@Bill - A little strong in your response, eh? People were just giving you sound business advice. The nice thing

is that it is up to you to decide what to do and whether you want to change your ways for next time.

Regardless there is no need to get defensive and attack anyone.

Truly wish you the best.