Contemplating legal action against my photographer...please help

Girls this is going to be a long one but please get thru it and PLEASE HELP ME!!
Background...booked our photographer/videographer in May 2008 after interviewing 11 others. Felt very comfortable after speaking with the owner who was the photographer. Booked with him as our day of photographer. About a week before the wedding, DH and i dropped off everything for the video (songs on cd, pics for baby montage, etc). Only thing we didnt drop off were honeymoon pics for obvious reasons. At that point we were going over everything for the day of our wedding and they said 'and Jim (name has been changed) will see you at 12:30' so i reply no we didnt book with Jim we booked Harold (once again wrong name). They told us that they had to switch the photographer because Harold had a previous engagement. I was livid but they pacified me and told me Jim is fantastic, etc. Day of comes...Jim arrives on time takes pics of me and girls. The pics for the most part are terrible. He took one of me and each bm, fg, etc outside and every pic we are squinty. He then says he has to leave (its now 115) to take pics of the groom, i say ummm okay. he leaves. HE never took pics of dh...our other photographer was there taking pics of him. So where was he for an hour??? Any how. I had one pic of my mom and me and one pic of my parents and me...both horrible...neither in my album. I was supposed to get my proofs 12 weeks later....girls as u know it was almost 2 months after that!!!! Plus no pics of DH dancing with his mother....they sent them to us finally weeks later. I end up making my own thank you cards because the card they designed was a joke. They tell me i will get something in exchange for doing my own cards. Fast forward to today...i go in to do album layouts.
Photographer never took pic of my invite...i am told to go home and do this and send it in if i want it in my album. I ask if they can add flower petals to a pic (coming out of church flowers are in the air all on one side) i am told to do it and send it in...that that would be extra graphic editing...ummm on one pic??? I was also told my video would be done today...i get there and he says no way you gave us your honeymoon pics in january (totally forgot that is my fault) but now it will be at least another 9 months til i get my video cause they did nothing without those honeymoon pics. The day of the wedding they gave out cards on the tables to view the pics online. They had the wrong bride and grooms names on it....found out 3 months later when the pics were finally posted....i went to see our pics and it was another couple---their wedding was gorgeous may i add. So today he gives us the correct cards and tells us our pics are no longer online but if we would like them to be back online, we can pay $10 per month to have them posted. So let me get this straight...u guys screw up and we have to pay to have them posted plus to mail the cards out to guests????? He missed more than half of our must take list. Oh and even though we paid overtime because our day was long, at the beginning of the dessert hour the photographers asked to leave. I of course said no but still. And the kicker today...i ask what they are doing for us being we made our own thank you cards and we never had our engagement shoot done (photographer would only do them on thurs and neither dh nor i could get off on a thursday) and he says 'oh those were both complimentary....they have no monetary value.' Keep in mind we paid over $9,000 for our photo/video....not sure if it matters but i we should have had much better service. Please help...any advice?!??!?!?!?

let me first say that i am NOT a lawyer.. but here is what i think about your situation:

you can of course sue him for anything you want... however - if he didnt violate the written contract, i dont see you having much of a chance to winning a legal battle b/c your pictures are horrible... i mean, if it was like a year after the wedding and you still didnt have your pics, then yes i'd say even tho there may not have been a time limit stated in your contract, that is something you could try to take legal action on... bad pics, not so much

my advice - do you have a friend or family member who is a lawyer? if so, i would ask them if they would write a letter to your photographer stating what you are upset about and how if it is not taken care of then you will take legal action.

again, it doesnt really sound like there is much to take legal action on - unless they are violating the contract

many for you!!

i just posted on BHB...good luck!

Are any parts of the contract violated? If so, I think u can pursue it legally. If not....have you spoken with the owner and expressed your concerns? I'd send a written letter and ask for a reply. If u don't get a reply and/ or unhappy w/ the response...I'd contact the Better Business Bureau.

Certain things u can't do anything about---like the photog leaving for an hour to supposedly take pics of your Dh----but things like having to pay for online proofs when they were the ones who messed up...you def should fight that.h

This is horrible! I was literally cringing while I read. I'm sooo sorry you had to deal with that kind of crap. OMG! I wish I knew more about the legal system, but I'm useless when it comes to this kinda stuff. That is so wrong what they did to you!!!! I really hope you're able to get some money back or SOMETHING!

wow I'm so sorry you are going through this. I would definately call the better business bureau..you don't deserve to be treated the way your being treated

I'm sorry they are being such jerks!

The 'epics and ty cards were complimentary' thing would not fly w/ me. If they were, it wouldnt be part of a package and would have been written in as complimentary. ..as in here is the price for your package and we are throwing in the ty and epics FOR FREE.

First, I would try writing them a letter (sent certified, rtn receipt) explaining that you want to be reimbursed for the epic and ty cards and that you dont feel you should pay the $10 and postage for their mistake (also add that you are not happy w/ the pics). This way, if you do sue them, it makes you look better that you tried to work something out w/ them. Also, somehow mention that you will take further action if their end of the contract is not held up. That way they know you mean businesss!!

Was the photographer's name that you were supposed to have in the contract? I'm not sure if you'd win a lawsuit if the original photographers name isn't there. I'm sorry you're going through this

im not a lawyer, but i doubt you would be able to get money for the thank yous you made yourself. playing devils advocate, they may say that it was a complimentary service, and you didnt have to use them for this. and they cant reinburse you for what they werent charging you for

i would think you should be able to sue considering the quality of the picstures and etc...

GOOD LUCK! this is a stinky situation and i wish you had pics you love!!

I'm not a lawyer either but I think the idea a pp had is very good...get one you know to write the photog a letter and scare them a little. I would read the contract again and see exactly where they violated it too...but I would wait until you get your video to do anything legal bec you don't want them to do a crappy job on that also...or 'lose' your footage...you could remind them though that you post on liweddings and that brides look for feedback on all of their vendors before they book them though.

I'm sorry you are going through this and I hope it gets resolved to your satisfaction...it's not fair they are acting like *&^holes with such an important part of your life.

the fact that the photographers asked to leave at dessert hour knowing you were paying OT was just unprofessional and lazy if you ask me.

I would absolute contact the BBB if they cannot resolve this in a professional manner.

Thanks for your advice girls! I spoke to two lawyers (friends) who advised DH and i to stay calm, send certified letters, etc. Thing i si dont want this to blow out of proportion. I want to be reimbursed (not in money form) for the thank yous and the engagement shoot. I would settle for the photographer (who was supposed to do our wedding) doing our aftershoot in manhattan and just giving us the pics on disc and maybe a complimentary print from that. Or if he didn't want to do that, maybe then framing our biggest picture. I am calling **calmly** tomorrow and i will update. Thanks ladies

First of all nothing is Complementary. Just FYI - they were trying to 'cover' themselves. All epix and whatever else are built into the cost, that is a standard secret in the industry.

Secondly , I didn't really read them violating the contract but just taking bad pix and missing alot -with the exception of that screw up with the online pix.That you should insisit that they fix, and reuimburse.

Without getting an attorney involved just yet ,I would just explain your demands and be realistic.
Tell them what you expect out of them , put it in writting prefferably email and see what they come back with. Example ; I would like my online photos to be put up no charge , I would like my thank you's included for x price or whatever you chose, and I appricate your understanding in this matter.

It might work. GL