Jera Batten

A Series of Unfortunate Events

Today I noticed that the DeviantArt gallery page of a design I was never paid for is showing up on the first page of search results for “Kritz Trucking.”  While I’m more than willing to drag KV Web Solutions through the dirt for charging $2500 to the client for my work, then refusing to pay me for the design comps, I do feel bad for Kritz Trucking that its clients are now aware of their association with greedy, shady and dishonest business owners. Kritz doesn’t really deserve to suffer the embarrassment that KVWS should take responsibility for – although they should feel ashamed for signing off on Koll’s horrible “new” design mocks.

It now appears that Kritz Trucking has been updated with a design of their “own” – which appears to be my color palatte and layout re-purposed (in a really bad way. Why did they kill my nice work? I’m relieved my name isn’t in the footer credit line). I think the saddest part about this is that KVWS really needs a designer. Chris Koll & Co. would benefit so much from working with a recent graduate or someone who is keeping current with CSS and user experience trends. This is the sort of thing that pains me; when a company with as poor a portfolio as KVWS can stay in business, while immensely talented freelancers are struggling for design work in San Luis Obispo county.  The guy charges $2500 for a basic site. He can afford a good CSS book. I wonder when Koll is going to start designing like its 2010? …perhaps when he stops relying on Dreamweaver Extensions to do his programming for him.

A Warning to Potential Clients and Associates of KV Web Solutions

There are so many good design companies in San Luis Obispo County. Please don’t give any business to this company.

To the owners of Kritz Trucking: KV Web Solutions sold you a product that I created, and never received payment for. Are you sure you want to continue your relationship with these contract breakers?

To Chris Koll of KV Web Solutions: You were the worst mistake of a response to a Craigslist ad I’ve ever made. You’re a disappointing boss and I caution other freelancers away from working with you.

To Jose Barragan: You are an immature adult who renegs on contracts and threatens coworkers, using terms like “spoiled brat.” You are not qualified to be a manager or Art Director.

What Happens Now?

Update: After two months of ignoring my emails and Final Notice bills for the hours of work and design mocks I did, it looks like Jose Barragan is finally trying to get ahold of me. To potential freelancers who might consider working with KV Web Solutions: This is the kind of communication you will be receiving from them. Fifth-grade level rants and immature threats, instead of real art direction or problem solving.

“wELL THIS IS REALLY INTERESTING FIRST YOU WOULD MEET TO DISCUSS THE DESIGN THEN YOU WANTED TO ON USE EMAILS. YOU SIGNED A CONTRACT AND NEVER PROVIDED THE FILES YOU WERE SUPPOED TO BE CREATING. NOW YOU SLANDER MY COMPANY WE COULDNT USE YOU DESIGN CAUSE YOU WERE ASKED TO DO! AND LOOK AT THE DAMN SITE IT NOTHING LIKE WHAT YOUR DESIGN. ITS A DATABASE DRIVEN PHP SITE WICH YOU DONT EVEN KNOW HOW TO CREATE SO GET YOUR FACTS STRAIT AND AS FAR AS PAYMENT YOUR $60 FOR NOT COMPLETING THE JOB THAT YOU WERE ASKED TO DO IS NOTHING I HAD TO HIRE A REAL DESIGNER TO COMPLETE WHAT YOU COULDNT DO! SO WHAT AM I SUPPOSED TO PAY FOR A SPOILED BRAT THAT NEED WORK BUT WANTS TO CALL THE SHOT THEN BLOW ME OFF. I WAS EVEN GOING TO GIVE YOU YOUR $60 UNTIL THIS BS .. NOW YOU NEVER GET ANYTHING FROM ME.. GOOD LUCK!!!”

What Jose Barragan doesn’t realize is that a contract goes both ways. I delivered Photoshop files, and contractually, he is required to pay me for them and the three hours of work it took me to make them.

Trade Libel Facts for the Edification of Jose Barragan, Art Thief

Fact: “In Business Defamation, the Plaintiff Must Prove the Statement was False”
In contrast to ordinary libel, for a successful trade libel or business defamation case, the plaintiff must prove that the statement made by the defendant was false.”
Read more at Suite101: Trade Libel in California: Suing for Business Defamation in California

This means that KV Web Solutions must prove that my claims are false. Here are my claims so Jose knows exactly what he must refute:

1. I entered into a contract with Chris Koll that I would provide, in three hours time, a first-round draft Photoshop file for review by Jose Barragan.
2. Chris Koll verbally confirmed that he understood he would receive final files once he paid me for 3 hours and the initial design, at which point I would complete a second round of design critique and edit.
3. I emailed the first round to Chris Koll, who accepted the files “I did like what you did…” and passed them to Jose Barragan for review “…I just am not sure what jose wants.” After one email, which says, “we would like to see subtle changes on each of the pages but stick to your theme. after we have the pages from you i will get with you so we can get you paid,” I never heard from Jose again.
4. At this point, Jose has broken contract. He is requesting the final files without paying me the 3 hours for the first round.
5. After a week and a half, and two emails from me to Chris and Jose for direction and payment, I send this email to them both. “I will be out of the country from May 22 through June 1 and unavailable by phone or email. I regret that we have not been able to complete this design before I leave, but I’ve made extensive effort to reach both of you for communication and art direction and haven’t received responses. While I am gone, please supply some expanded critique and direct tasks for me on the remaining pages, so that when I return I can complete the design according to clear directive on what work remains.”
6. Chris Koll informs me, “Sorry about that but all is well the website is done all but the New Design so when you get back just drop us a line and we can decide just what we will do to implement the new graphics to the site. I decided to build the site with no real design but your colors so now we just need to finish and we should be ok.” It is clear that Chris Koll has no intention of paying me for the time I logged on his project, and that he has created a new design using my layout and ideas. Since we already have a contract and a timeline for payment, there should be no opportunity to “decide what we will do,” as Chris suggests.
7. Refusal to pay for first-round design, building a site with my layout and color, and cutting off communication IS art theft, and Jose Barragan has done it.
8. Two weeks later I sent a Final Notice bill to Chris and Jose, and posted this blog.

One Final Thought

Bring it.

Tags: art thief, atascadero web design, craigslist, kritz trucking, kv web solutions, steal art, stolen design, unethical company