Updated: September 11, 2026
The cut arrives and it is wrong
Most video projects end with a delivery that is close to what was expected, a round or two of changes, and a final file everyone is happy with. Some do not. The cut is delivered and the client's reaction is that it is not what they asked for: the tone is off, the message is buried, the interviews are unusable, the colour looks nothing like the reference, or the whole thing is simply not good enough. What happens next depends on what the contract says, on what was agreed along the way, and on how both sides behave. This guide is about that situation: how to tell a disappointment from a defect, what the contract usually provides, the realistic remedies, and how to resolve the problem without lawyers, in a small industry where reputations on both sides matter.
First: disappointment or defect?
The distinction decides everything. A defect is a failure to deliver what was specified: the wrong length, missing deliverables, unusable audio, a spelling error in a title, a shot the statement of work required that is not there, a format that does not play. Defects are the production company's to fix, at their cost, and no reasonable company argues about them. A disappointment is a film that meets the specification but does not please: the pacing feels slow, the interviewee the client chose is dull on camera, the style is what the treatment described but not what the client imagined. Disappointments are shared problems, and how they are resolved depends on what was agreed about revisions and approvals.
The reason the distinction is hard is that most contracts do not specify enough. A film described as "a two-minute brand video" cannot be defective on tone because tone was never specified. Our guide to the statement of work explains why specifying the treatment, the reference pieces, the structure and the approval points before the shoot is what makes a later dispute resolvable.
What the contract usually provides
- Revision rounds. A number of rounds included (two is common) and a rate for more. Disappointment is mostly resolved here, and a client who uses the rounds well, with consolidated, specific feedback, usually gets to a film they are happy with. Our guide to revision rounds covers how to use them.
- Approval points. If the client approved the script, the treatment, the rough cut, then a complaint about the structure after the fine cut is late. Approvals limit the remedies, which is why they matter.
- Acceptance. Some contracts define when a deliverable is accepted: on delivery, on written approval, or after a period without objection. After acceptance, further changes are new work.
- Reshoots. Rarely covered explicitly. When they are, the contract says who pays depending on the cause: a production error (their cost), a client change or a factor outside anyone's control (client cost or shared).
- Payment and withholding. Whether the client may withhold the final payment during a dispute, and what happens to ownership of the files if payment is withheld. Our piece on payment terms explains the usual structure.
- Dispute resolution. Negotiation, then mediation, then arbitration or court, and which state's law. Almost never used, but it sets the tone for the conversation.
The realistic remedies
| Situation | Usual remedy | Who pays |
|---|---|---|
| Missing or defective deliverable | Fix and redeliver | Production company |
| Cut does not match approved script or treatment | Re-edit to the approved version | Production company |
| Cut matches approvals but client dislikes it | Use revision rounds; additional rounds at the contract rate | Included, then client |
| Footage technically unusable (sound, focus, exposure) | Reshoot of the affected material | Production company, unless caused by the client's location or talent |
| Client changed the brief after the shoot | Re-edit or reshoot as a change order | Client |
| Interviewee or location chosen by the client did not work | Re-edit around it, or reshoot | Usually shared; negotiated |
| Fundamental failure, no salvageable film | Partial refund, or a re-make at reduced cost | Negotiated, rarely a full refund |
Full refunds are rare because the production company has incurred real costs (crew, equipment, editing time) and the client has usually approved stages along the way. A partial refund, a re-make at cost, or additional deliverables at no charge are the common settlements.
How to raise it
- In writing, specifically, promptly. Not "we hate it" but "the approved treatment specified an upbeat tone with music-driven pacing; the delivered cut is interview-led and runs four minutes against the two specified. Sections 2 and 4 of the SOW are not met." Refer to the documents.
- Separate defects from preferences in the same message. It shows the company you are being fair, and it makes their response easier.
- Ask for a call, after the written note. Most disputes are resolved in one conversation once both sides have read the same documents.
- Propose a remedy. "Re-edit to the treatment within the included rounds, and one additional round at no charge given the distance from the brief" is a reasonable opening.
- Do not withhold all payment for a partial problem unless the contract allows it. Withholding the whole final invoice over one section invites a hard response; withholding a proportionate amount while the fix is made is normal.
How a good production company responds
Quickly, without defensiveness, and with the documents open. It acknowledges defects and fixes them. It looks at the disappointments against the approvals and says honestly which are covered by the included rounds, which were approved earlier, and which it will absorb anyway because the relationship is worth more than an extra round. It proposes a schedule for the fix. If a reshoot is needed and the cause is unclear, it offers to share the cost. If the film really cannot be saved, it says so and proposes a re-make. What it does not do is disappear, or send the raw footage and an invoice.
Escalation, if it comes to that
If the conversation fails, a mediator (a neutral third party, often available through a business association) resolves most video disputes in a session. Small claims court in Miami-Dade handles disputes up to its limit without lawyers. Beyond that, the contract's dispute clause applies. In practice, it almost never gets there; the amounts are small relative to legal costs, and both sides know it.
When it goes wrong with us
Miami Video Company specifies the treatment, structure, references and approval points in every statement of work, so that a delivered film can be measured against something. When a client is unhappy, we respond the same week with defects fixed, disappointments assessed against the approvals in writing, and a proposal for the rest; we have absorbed extra rounds and shared reshoot costs when the fair answer was unclear, and we would rather do that than argue. If you are in a dispute with a production company now and want a second opinion on the cut against the brief, or if you want a contract that prevents the situation, get in touch. More about how we work is on the about page, and the rest of our buyer's guides are on the blog.