If a contractor is hired to work on a monthly retainer, and she is out of town for a week (but was still available to the client and had completed all work required prior to vacation) can the client adjust the monthly retainer to reflect the week the contractor was gone, i.e., pay her 3 weeks instead of the regular monthly retainer fee?
Ann Kiernan replies:
I hate to be the kind of lawyer who answers, “It depends…”, but it really does depend entirely on what the terms of your contract are. I would argue that the client bargained for and got (1) the contractor’s availability for the month and (2) the month’s work performed, so the month’s fee should be paid.
Posted 07-21-2020
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