How "peaceful" part ways with a freelance designer in the middle of a project?

Question

Freelance

Hello. I had a rather difficult situation.

I chose a designer for my small site for a long time and chose. I wrote as detailed as I could. I pointed out which sites I like and which I don’t, and what I don’t like about them.

The designer started by drawing illustrations. And I love the illustrations. They are very well made. One large illustration (vector) was made in the header and 4 small illustrations to indicate various services.

Then he began to work on the main page. In my opinion, it was “OK”, although everyone who was shown criticized it. And then he made sketches of the inner pages and it became obvious to me that we had to part.

In fact, he reacted surprisingly calmly to this (before that, we had an unpleasant experience when he threw a tantrum in response to a small change request).
But in fact, at the end of the conversation, the designer remained dead-concretely sure that I should pay him the entire amount that the work was done, and in the illustration he made more efforts than the payment suggested.

Actually, at the moment there are 3 options:
1) Bargain
2) Pay the entire amount (rather rather big)
3) Pay nothing else (the advance payment was about 20% of the budget)

The first option is difficult to implement. Even in the process of work, I realized that the guy has the only correct opinion - his.
The second option is not an option. The design of the inner page (what he managed to do) is creepy.
The third option does not want to apply. I want to pay for the work done and I really like the drawings. Well, I don’t want to spoil my karma (not on Habré :)) myself.

The designer is American.

How would you behave in such a situation?
Thank you!

UPD: Since you are asking to show the work or explain what is wrong, I post what the designer spent a week on. (the header has been completed and is a stripped-down version of the front page)
Blog
About UPD2
Products :

Interchange. I wrote that for half the work I was ready to pay half the cost. If he does not agree, he can keep the advance for himself (it is simply unrealistic to return the advance). The designer first said that he was breaking the agreement, then he sent a letter with visits. Then he sent a letter stating that it was not too late to start all over again and continue working. I calmly explained to the guy why I consider it impossible to work with him. He offered me to buy the pictures for 75%, to which I replied that after the raids I did not intend to buy anything. In fact, he ended up saying that he would sue, and I wished him good luck. Of course, I would prefer that he took 50% from the very beginning and we parted "amorously", but he does not follow the language not for the first time.
Thanks everyone for the advice!

Answer 1

Return all illustrations to the author, do not use them, pay nothing, demand a refund of the advance. From this position, you can start trading or transform relationships.

Answer 2

Apparently, you hired a good illustrator who suddenly decided for some reason that he could also work as a web designer. Probably the main part of the budget he (perhaps subconsciously) laid on the illustrations, and he wanted to make the design "in the appendage".
As a result, he apparently believes that he spent 80% of the paid time on this work, and only 20% was paid to him. In what his mistake I think it is not necessary to explain.
Your mistake as a customer is that you assigned 2 tasks of different profiles to one person (it doesn’t happen so often that a person knows how to draw illustrations well and engage in design at the same time in the correct sense of the word, i.e. not “coloring plates”, but submission of information).

Answer 3

pay another 1 30% to get 50%
It is considered as follows: the designer was required to 1) draw and 2) design
Did half, got half

Answer 4

I'm sorry, but the design is just awful. In the 90s, maybe it would have been cool and interesting, but now it does not correspond at all to the main trends of the web.
My grandma's design is better on the blog :)
And fonts, fonts oh my god! Poor typesetters.
The top menu just killed me.
My verdict: The design is no good. Throw away and redo.
50% payment would be the optimal solution for both parties. Although on his part it can certainly be like this:
“Probably he (possibly subconsciously) laid the main part of the budget precisely on illustrations, and he wanted to make the design “in the appendage”.
As a result, he apparently believes that he spent 80% of the paid time on this work, and only 20% was paid to him.

Answer 5

I'll add an option. I am not a lawyer, but in order not to puzzle, not to make a mistake and not to be tormented by the pangs of doubt, let's turn to Art. 29 POZPP.
In your case, the gratuitous elimination of deficiencies and price reductions do not work, because. designer disagrees. Therefore, it would be fair to hire a third party to correct the deficiencies and deduct from the amount due to the designer the funds spent on the correction of the deficiencies.

Answer 6

I myself was in a similar situation, but I dragged it to the end - the project was completed, although not on time and it turned out to be 4 "minus". But at the peak of my critical attitude towards the designer, I conveyed this to him (through the manager, because the designer simply did not answer) “If you give me all the accumulated materials (including PDF layouts) within 2 days, then I will not I will demand a refund of the advance (50%) and trumpet the entire freelancing site about your incompetence.” It worked surprisingly well - the designer answered me the same day and continued to work, then only 1 time the connection with him was lost.
In your situation - find good arguments why what he did does not suit you, separate it from what you liked about his work and evaluate the scale of the work done. For example - 50% and insist on paying this figure. For all the insinuations, ask to substantiate his opinion, they say you do not understand why. To encroachments (I already worked it out by the hour), answer that you have agreed to pay for certain works, without specifying how many hours of work this work will take from him. The work is done by 50% - he will receive 50%. And don't pay him anything else until you come to an agreement.

Answer 7

And can you put the work on the "people's court"?
It's hard to give advice when you can't be sure whose the truth is.

Answer 8

If the shortcomings are technical, you can demand their elimination, including by a third party with a deduction of the amount.
If a design problem is a subjective concept.
As a rule, the designer is selected according to his portfolio. Claims can be made if the level of work performed does not correspond to the level of the portfolio, i.e. it is not his (and this is not always obvious).
If the work is at the portfolio level, then he quite rightly plans to complete the work in full and receive the full amount for it.
Options - "do it, see if you like it or not" - are acceptable only for one side.

Answer 9

In short, I understood this:
In your opinion, he did 50% of the work.
Then you decided to end the relationship. (By the way, it’s not entirely clear why, maybe you need to re-examine in detail the expectations from the remaining 50% and the work will go)
But that’s not the point.
In this case, offer:
Either sends the source and receives 50% for the work done.
Either returns 20% and you disperse.
There is no other option.
if you can steal the source code from the page itself - it is highly recommended as a fair play if he wants to hold down 20% and not give it away.
well, or threaten with a court - it will work in America))

Answer 10

I think it's worth paying only for what suits you.
Explain to him that you are not satisfied with the quality of the work performed and you will not pay for it, it seems obvious.
If you came, for example, to a hairdresser, and they cut your hair so that you are ashamed to show yourself in front of people, would you pay for it?

Answer 11

To be honest, reading that “at first everything was fine, then it was fine, then it became clear that it was necessary to tie up”, I don’t see this point when “the curve was inflection”, i.e. when things started getting worse. If it worked before, then, apparently, he somehow heard you, or just his vision coincided with yours, but now it doesn’t?
In any case, it seems to me that you can even redraw this kind of work yourself (well, maybe not so carefully, but still), so by sending it, you lose little. On the other hand, in the original data you did not mention the agreement on hours - if he starts a song about hours, indicate that you have a budget that you cannot go beyond, and since he sets you up by not doing what is needed To you, as an employer (I believe that the objections are serious, and not just “it seems to me that it’s somehow sluggish in the left corner”), then you, through his fault, losing time and money, will look for a way out in hiring another a specialist, so there can be no talk of the whole amount.
On the other hand, you have already decided - if you do good and do not spoil karma, you need to give money to those who need it - let the guy go to design courses, or something :), and if you want to complete the project in reasonable amounts and terms, then you will have to swear and (for someone) seem rude and insensitive to the requests of simple freelancers ...

Answer 12

It seems to me that some evaluation criteria are needed, for example, according to the design rules, there are certain combinations of colors that cannot be used, and your designer applied such combinations. That is, there are errors that can be pointed out explicitly. In this case, you can say that he is not qualified enough and pay a part. Otherwise, evaluating creative work as you like/dislike is a matter of taste, perhaps someone would pay more for his work.
My opinion is that if there are errors that can be clearly pointed out to him, then on the basis of this, part of the amount can be parted, and in this case he can correct the errors.

Answer 13

As far as I understand, the issue is in typography, the arrangement of blocks, elements and conciseness of pages, usually the design of pages and illustrations for a site cannot be done by the same person at a high level. You can indicate as a compromise the inadmissibility of this work in connection with the needs of the users of the resource, I must understand.

Answer 14

If you want to make changes or completely change the direction - this is also ok.

That is, as I understand it, there is an opportunity to change the design and fix everything that you didn’t like - isn’t that the way out? Is it really so obvious in your situation that there is no further way and you have to part?

Answer 15

Is there arbitrage on the site with karma?

Answer 16

It seems to me that discussing design here is wrong, it is necessary to discuss the conditions on which you agreed. If payment by time is one option, by results is another.
and somehow strange - it seemed to suit at first, and then suddenly not.
In general, it is very difficult to evaluate creative work fairly. In my opinion, for the artist, the surest way to sell his watch. An hour of my work is worth so much.
Well, for the customer it is clear that we must try to pay for the result. You can still make fun - endlessly rejecting options in the hope of getting a masterpiece sooner or later.)
Conclusion - you need to clarify how you agreed on payment.

Answer 17

It's just awful, I have only three questions:
1) Where is the design here
2) Why pay $ 700
for 3) What the hell is his steel menu in the hat?