Who owns a product that is custom made when a client pays for material but fails to pay the labor?

Question

I own a custom window covering and interior design workroom. We stock no fabrics because its all custom made. Your colors, your trims to blend with your home decor. All we charge is for the labor to put your treatments together. The client provides the material. We provide the labor. Now if labor is not paid for, WHO owns that product?

Answer 1

this is from a friend of mine: "the client owned the raw materials until he transferred it to the maker with the contractual understanding that payment would be made for the finished good. Once the raw materials were handed over, the maker owns the materials and the finished good. the finished good is a custom project so the resale value is low and therefore restitution can be made to bring the maker back to the same economic level if the buyer had gone through and paid for it." note: my answer was wrong, according to my friend. Here's mine: I hope you didn't give the final product to the client. Technically, you don't own the product since it is the service that you sell. You have a right to keep the product because the payments for the services has yet to be paid.

Answer 2

Check with an attorney or with a trade association or your chamber of commerce. If the homeowner or building owner failed to pay for your services, you may be able to place a lien on the property. This is something that should have been in writing and signed by you and the building owner before you began the work.

Answer 3

I think that should your client refuse (neglect) to pay, then you have no other choice than to accept the materials part of the item as a way to attempt to recoup your losses.