A Different Situation

I was contacted by someone earlier this week who was looking for some insight into a problem they were having. I think there is something to learn from this problem but I am not quite sure what it is. There are many questions that I can think of, most of which I have no answers. I am hoping that you can think about this and post your thoughts, suggestions, etc. Here is the situation as told to me –

The person who contacted me is a piecer, who pieced a king size quit for her daughter who is now at college. She took the quilt to a local machine quilter (I do not know who the quilter is or where she is located) for quilting. While at the machine quilter’s business, during the intake of the quilt, the customer insisted that the quilter write out a work order (which the quilter normally doesn’t do). The customer was very specific about what she wanted quilted and where it was to be quilted. According to the customer, this was all documented  and the quilter said that doing these patterns in these areas would be no problem. The customer has a copy of the work order.) The customer left a $200 deposit and waited patiently for the quilt to be completed.

After 5 months, the quilter called the customer and said the quilt was ready to be picked up. When the customer picked up the quilt, the quilter had quilted different patterns and designs instead of what the customer had chosen. The customer was not contacted about the pattern changes and did not approve of any pattern changes before the quilting was stared. When the customer asked the quilter why she didn’t do the quilting that the customer had insisted on, the quilter said “I felt that my choice of designs would work better on the quilt than yours did.”

The customer, who is very, very angry and upset about this, grabbed her quilt and left. The quilt is now in the possession of the customer.

The customer, who is the person who contacted me, is LIVID about this! She is saying the quilt is “ruined” and that she can’t look at the quilt without all these bad feelings, etc.

The customer was talking about contacting a lawyer and is wanting compensation for the quilting amount (which was about $500. I don’t know the exact amount), the cost of the materials of the quilt and the time it took her to piece the quilt. The customer says she can document the cost of the materials and that she knows how long it took her to piece the quilt.

In total, the customer is looking for “several thousand dollars” in compensation from the quilter.

Here are some of my thoughts on this situation –

If I were the quilter and this was my customer and I did not quilt what the customer insisted on – and which was documented – I would give back the deposit and offer to re-quilt the quilt for no charge.

I don’t know if I would offer to take out the quilting or have the customer do this. I would say (and document) that the quilt would need to be returned to me un-quilted buy a certain date, maybe three months in advance, and then give a date as to when it would be completed. I would do the re-quilting and give the quilt back to the customer as graciously as possible.

Hopefully, this would solve the problem and everyone is more or less happy.

When thinking more about this situation, especially where the customer wants compensation for the quilt, here are other questions / thoughts that I have. I don’t know if these are legal questions or if they would have any bearing on this situation or not. Let me know your thoughts about this –

The customer says her quilt was “ruined.” I don’t feel that the quilt was ruined. The quilt (I have seen photos of it) is nicely pieced, it is nicely / adequately quilted and it is in a usable condition. Even thought the quilt is NOT quilted the way the customer wanted it, but the quilt could be gifted or donated and someone would be thrilled to have it.

Even though the quilter quilted the wrong designs, the work was still done and the quilt is still usable. Should the quilter be paid for the work she did on the quilt?

Because the customer now has possession of the quilt (no matter how it was removed from the quilter) does that mean that the customer has “accepted” the quilt “as is”?

If there were holes ripped in the quilt or the cat or dog had babies on it, or something else happened where the quilt was totally un-usable, that, in my opinion, would be a different situation.

If the quilt is usable, should the customer be given / awarded compensation for the time and materials used to make this quilt?

If the quilt was un-usable, should the customer be given / awarded compensation for the time and materials used to make this quilt?

If the customer would be given / awarded compensation for the time and materials used to make this quilt, how much should it be?

Let’s assume there was $250 worth of fabric for the top, $75 worth of fabric for the backing, 100 hours of piecing time at $15 per hour = $1,500. The total documented time and materials is $1,825.

Let me know your thoughts by writing in the comments box below. If you would prefer to contact me privately, send me an email at longarmu@aol.com

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Looking for Legal Info

I have been contacted by someone about a quilting situation that they are involved in that may require legal help.  Is there anyone who subscribes to this blog that is a lawyer, para-legal, etc. that could email with me about this? All I am looking for is a legal opinion or explanation for this situation.  (I am NOT involved in this situation in any way.) If you can help, please send me an email at longarmu@aol.com

I promise that I will write about what is happening, but I can’t do so until I get more information.

Thanks in advance for any help.