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Certificate of Insurance for visual renderings
show user profile  npcph
So i was doing some renderings for a builder for most of the year. I had met this builder from my brother who was building a house. The build didn't go well and there are lot of problems between my brother and the builder. Once the problems began, the builder just cut me off and wouldn't respond to emails, texts, phone calls or anything. I have a lot of outstanding invoices and I have been sending him countless emails. His secretary called me a few weeks ago and said she left his company and told me that he wasn't using me or paying me because of the problem with my brothers build. She then told me he wouldn't pay unless I threatened a lawsuit. I sent him the invoices through FedEX so i would have confirmation that he received them. then a week later i sent him an email asking to be paid. I waited another week and sent him an email basically saying that i wasn't sure what happened and why he wasn't using my services (although I did know why) but after all of these months, i needed to be paid immediately. I finished the email with "I have enjoyed working with you and would like to part ways with a handshake rather then legalities"

He finally responded with that statement. But now he says he will not release a check without a certificate of insurance. I am only doing visual renderings, nothing architectural such as altering the structure. I shouldn't need a certificate of insurance? Should I? I think he is trying to get out of paying me and looking to make me jump through hoops to make it difficult for me.

I just wanted to get everyones opinion.

thanks

Phil


read 643 times
12/14/2016 9:26:54 PM (last edit: 12/14/2016 9:29:44 PM)
show user profile  9krausec
Sounds like he's full of shit.

Do you think folks doing medical animations need to have a certificate of insurance in case they don't illustrate a virus properly? Just an example. I do not know with any absolute certainty, but it sounds like bullshit.




- Portfolio-




read 626 times
12/14/2016 10:54:25 PM (last edit: 12/14/2016 10:54:25 PM)
show user profile  LionDebt
It can get tricky though if it wasn't initially clearly outlined that your renderings were purely visual / aesthetic.

Legally speaking that is.

In common sense land, this builder is a total fruitcake if he is now claiming that your renderings are the reason the build is structurally unsound (or whatever).

Can't really give you any more advice than that, but maybe speak to a lawyer (friend, ideally).

Good luck man
read 623 times
12/14/2016 10:59:20 PM (last edit: 12/14/2016 10:59:20 PM)
show user profile  Bolteon
A certificate of insurance- to cover what exactly? Did he specify?

Honestly, I would just send him a certified letter stating a demand. Include additional costs for your added time and a penalty.

Write in that there's a 72 hour window attached for a wire transfer to happen to an account you put below.

If he doesn't pay in 3 days after he gets it; just take him to court and bill daily what you did for the job to take him to court.


He'll fold like a deck of cards.

-Marko Mandaric



read 612 times
12/15/2016 1:40:40 AM (last edit: 12/15/2016 1:40:40 AM)
show user profile  Nik Clark
>> he wouldn't pay unless I threatened a lawsuit

Well, you know what to do here then. As Marko said. Give him a deadline, bill for time and take his ass to court.



read 611 times
12/15/2016 2:43:50 AM (last edit: 12/15/2016 2:43:50 AM)
show user profile  chillywilson
It's common for building contractor to screw people over, that's why i don't work with them anymore.

He's giving you a run around tactics, if the invoices are for under 5k just file a small claims court and get if over with.

If it's over 15k then go to a lawyer and make sure the bulk of his fees will come out of the winning settlement and added to your costs.

Either way he is not going to pay you unless you take action.
If you have a lawyer, make them send him a letter of intent to sue, sometimes that scares him away(edit scares them into paying)
read 603 times
12/15/2016 4:36:16 AM (last edit: 12/15/2016 4:37:29 AM)
show user profile  Bolteon
"He's giving you a run around tactics, if the invoices are for under 5k just file a small claims court and get if over with. "


Just clarifying something here, many states require a demand be sent prior to being able to file in small claims- and usually it has to be done with registered mail.

YMMV- Check your local city small claims requirements.

-Marko Mandaric



read 594 times
12/15/2016 6:43:51 AM (last edit: 12/15/2016 6:44:26 AM)
show user profile  Mad-Dog-Bomber
^^^^ Above stated, do what they say. I love maxforums! so smarts :D





read 588 times
12/15/2016 7:31:36 AM (last edit: 12/15/2016 7:31:36 AM)
show user profile  c0
#1. Friends and business don't mix.
#2. http://www.atyourbusiness.com/paymentrequest.php

read 581 times
12/15/2016 8:48:52 AM (last edit: 12/15/2016 8:49:10 AM)
show user profile  chillywilson
@bolteon

Usually an invoice with a pay by date is good enough to be claimed as a demand.
But you are right, different states do have different small claims court requirements.
read 558 times
12/15/2016 1:36:14 PM (last edit: 12/15/2016 1:36:14 PM)
show user profile  npcph
So I talked to a lawyer friend and he told that the builder is probably asking for workers comp info. He told me to give him the couple little bits of info he asked for then say ask him what he means by proof of insurance.

For the letter of demand, on my invoices, I have the terms listed on each page. I have emailed him the invoices to his company email, his company's general email and to his company's accountant. While I was doing the renderings for him, these are the emails I sent everything else to and is also the one he just respond to me from. When he wasn't responding I sent him a set of invoices through FedEx so I have his signature showing he received them. That had a letter included that requested payment.

Also to keep everything clear, from the beginning, all of my renderings are revision numbered. So the invoices show each revision number, a small image of the revision and a full detail of what was adjusted. I have all of the emails that we sent back and forth so there is a paper trail of why I did each revision so he can't come back and say he didn't ask for something.

So it has been a couple days and I haven't heard from him about the insurance so I will give him until Monday and then my layer friend will draft a letter for me.

read 524 times
12/16/2016 12:24:23 PM (last edit: 12/16/2016 12:24:23 PM)
show user profile  Bolteon
Like.


...make sure to add time you've spent in the latest invoice!

-Marko Mandaric



read 503 times
12/16/2016 7:22:13 PM (last edit: 12/16/2016 7:22:13 PM)
show user profile  nm8r
It sounds like he's asking you for something that he knows you likely wouldn't have or have the need for. He should have asked for that BEFORE you started any work if it was required. It's a lame delay tactic.

Winning this and getting paid could depend on how good your contract and terms of agreement are.
First of all, do you have a signed contract? How specific are your payment terms such as if you get a retainer and how long till you get paid after delivering the images (Net-30)? Do you have a late payment penalty clause? Did you specify that the client would pay for lawyer and collection fees in the event the account is placed on collection? Is he out of state and did you specify which state's law has jurisdiction? Do you have a waiver for counter claims clause so he doesn't sue you back? Do you have a termination clause where you get paid even if the client stops the work or stops communicating with you? Do you also have a clause that states that you retain ownership of the images you produce unless they are paid for?

If you have these in a contract and the prospective client hesitates then you know to stay away.

As proof in the likelihood of a lawsuit, you'll need the signed contract, the email exchanges or other proof of correspondence and make sure you have at least 2 copies of all your documents.

Bolt - you can't just add fees and conditions to an invoice unless it was previously agreed upon in a signed contract.

Have your lawyer write him a letter stating that the certificate of insurance was not required to start the project and therefore isn't required for payment.
or,
You could use a collection company such as these guys - http://www.indepayment.com/
Note: We are not associated with that collection company and haven't used them before. We haven't needed to because we use our contracts as a way to vet the companies we work with.
If your contract is bomb proof, it increases the chances that you won't have to deal with this problem again.


read 496 times
12/16/2016 9:08:51 PM (last edit: 12/16/2016 10:00:33 PM)
show user profile  nm8r
One other thing. So your avoid giving him the opportunity to say that he does not have the cash to pay you or that he hasn't been paid and therefore he cannot pay you, state in your invoice that you can send him a Paypal invoice (open an account if you don't have one) for you or your business so you can accept credit cards. It would be up to you to waive the credit card fee (usually 3%) or charge him the fee in addition. Of course it would be best if this was stated in your contract to begin with and if you have a late fee so it is in his best interest to pay you right away.
read 459 times
12/16/2016 11:29:58 PM (last edit: 12/23/2016 2:52:42 AM)
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