Actor/ paparazzi-fighter/self-appointed savior of Haiti, Sean Penn, is suing the California-based design firm, Vividminds. When the news hit, people took to blogs and declared their disbelief.

“Are you kidding? $25,000 for a website is outrageous! I could do that site for $200!” was a common refrain echoed by low-cost developers. Spend-thrift business owners proudly declared, “I got my website done for free!” And as always, a handful of under-appreciated, professional designers and developers explained to an anonymous peanut gallery that, “$25,000 really isn’t an exorbitant amount for a website done by an established agency.”

About Vividminds

Vividminds is a creative agency with an impressive client roster. It’s a full-service firm that does work for Toyota, the Cleveland Browns, DC Shoe Co., and many other high-profile charities and big-budget brands. A one-man shop (with minimal overhead) they are not.

Considering Vividminds’ elevated industry status, it’s safe to assume that:

1) They make all clients sign comprehensive, iron-clad agreements before starting any project.

and

2) Development of a website doesn’t begin until the client signs-off on design docs.

Sean Penn Called To Say the Website Wasn’t Good Enough

Penn established the J/P Haitian Relief Organization in the wake of the island country’s devastating earthquakes. Vividminds won the foundation’s website project bid, and a fee of $25,000 was agreed upon. Vividminds built the site; but J/P Haitian Relief wasn’t happy with the results.

Mr. Penn called the design firm to complain; but executives at Vividminds didn’t bend. They informed Sean that the contract goals and stipulations were met and if he wanted more work done, it would be an additional $10,000. Outraged, Penn and J/P Haitian Relief decided to file suit, claiming the delivered website was “not up to standards”.

The Cost of Good Design and Development

These days, everybody has a website, and it’s possible to get up a free (or nearly free) template site in a matter of hours. As a result, the value and importance of professional, custom design and development has significantly diminished in the eyes of the average business owner.

Most don’t understand the time, talent and multi-disciplinary skills it takes to create an attractive and effective logo, website or advertisement. (To give you an idea, I once worked with a designer whose client felt it should only take 4 hours to complete a unique corporate logo.)

For a firm the size of Vividminds, $25,000 sounds about right. Firstly, if you’re going to choose a high-profile firm, you’re going to pay high-profile prices. Moreover, several designers, developers and marketing experts most likely contributed to the J/P Haitian Relief project.

The Nightmare Known as Project Creep

Any designer or developer — who’s been in the industry for more than a minute — knows the evils of “project creep”. It usually goes something like this: You and a client agree on goals and sign a contract. Then, the client starts requesting small upgrades here and there. You oblige since the requests are often miniscule. But before long, the sum of those small changes and additions amounts to a considerable amount of time – time for which you weren’t compensated.

Established design firms don’t tolerate project creep and usually have air-tight contracts to guard against it. So, unless Sean Penn and co. can prove Vividminds didn’t adhere to the original contract agreement, J/P Haitian Relief will have a tough time winning this website payment lawsuit.

If, however, Vividminds failed to have a J/P Haitian Relief representative put their John Hancock on a contract, the design agency could find themselves on the losing side of this suit.

How Designers and Developers Can Protect Themselves

If you want to avoid a costly lawsuit or legal hassle, get an attorney to draft a boilerplate design contract for your business. Don’t rely on free, Internet agreements; many of those actually favor the client! Moreover, a lawyer can help you with any intellectual property needs that arise.

The Kelly Law Firm represents many freelance designers and full-service agencies. We understand the legal needs of those in the creative marketplace and have a reputation for resolving conflicts quickly. You’ve worked hard to establish your design business, now it’s time to make sure it’s protected. Contact us today to get started.