Contractor Hired but not able to complete work?
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Contractor Hired but not able to complete work?
I was hired as a photographer to shoot 2 events for a specific musician; 1 on a Wednesday and 1 on a Saturday. Both shoots took place at the same location, however different venues within this building. Wednesdays shoot went fine and as planned. Saturdays shoot did not. As advised, I arrived at 12:45 am for the meet up in the lobby for the set time to start at 1:00 am as told. It is now 1:25 am and the artist and manager have not arrived in lobby yet and a few people we’re waiting on them as well, among these people is the in house photographer for the venue and the in house security escort for the artist. The in-house photographer and in-house security ask what I am doing and advise them I am hired by the artist. They check with their management and advise me that I won’t be able to shoot and no outside photographers we’re approved. They we’re nice and let me know to let the people that hired me that outside photographers need to be approved weeks in advance. I cancelled another event that I was suppose to shoot that night to take on this job, this job obviously was unable to be completed because of restrictions outside of my control. I sent over the invoice and included the night I was unable to shoot with a note stating that. I am told to revise my invoice as I can’t be paid for Saturday because no images we’re delivered. Is there anything I can do considering not only am I out the money I thought I was going to be paid but out the money I would of made had I not cancelled for this gig. My time of waiting 12:45 am -1:25 am when told to meet at 12:45 am, start time was supposed to be at 1:00 am, etc.?
Asked on February 28, 2016 under Employment Labor Law, Nevada
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You should be able to sue the client whose shoot was cancelled for the money they should have paid you for the shoot: when there is an agreement to provide services and performance of those services is prevented by something which was under the hiring party's control (i.e. they could have sought approval in time), the hiring party is still generally liable for the amount they contracted to pay. If your business is not an LLC or corporation, you could act as your own attorney ("pro se") to reduce costs--though if it is an LLC or corporation, you must have a lawyer.
(More technically, you sue for your net profit, not gross receipts, since you would not have to spend certain costs, like film or on developing pictures.)
The clients, in turn, may be able to sue the venue if the venue never told them sufficiently far in advance that outside photographers have to be approved: that failure would not affect the clients' obligation to you, but could give the clients their own claim for compensation.
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