Custom-Made Goods: What to Do When They're Late or Wrong
Custom furniture, wedding cakes, tailored clothing, personalized gifts — custom orders create a distinct type of dispute, since the item can't simply be returned to a shelf if something goes wrong.
The two main dispute types
- Late delivery — the item wasn't ready by a promised, often time-sensitive date (a wedding cake after the wedding, a costume after the event)
- Doesn't match specifications — the delivered item differs meaningfully from what was ordered (wrong size, wrong color, wrong design elements)
Time-sensitive orders are a distinct category
If your order was tied to a specific date — an event, a holiday, a milestone — and it arrived late or not at all, the harm isn't just "I didn't get what I paid for" but often includes the impact of missing that specific occasion entirely, which is worth clearly articulating in your claim, even though it's still the financial loss (not emotional distress) that a court will focus on.
Evidence that matters most
- The original order confirmation or contract, specifying exact specifications (size, color, design, materials) and the promised delivery date
- Any reference images, mockups, or approvals you gave along the way — many custom order processes include a design approval step, which is valuable evidence of exactly what was agreed to
- Photos of the delivered item, compared directly against the specifications or approved mockup
- Communication about delays or discrepancies, and the seller's response
Check for a deposit or full-payment structure
Custom orders often require upfront payment or a significant deposit — check your specific agreement for what portion is refundable under different circumstances (late delivery, wrong specifications, cancellation) versus what may be treated as a non-refundable materials cost, which is common for genuinely custom work.
What if you approved a design that was later changed without your consent?
If you specifically approved a design, size, or specification (often via an email or in-person sign-off) and the final product deviates from that approval, this is strong, objective evidence — the dispute isn't about subjective taste, but about a documented agreement not being honored.
Calculating your claim
- A full refund, if the item is significantly unusable for its intended purpose (e.g., a wedding dress that doesn't fit and can't be altered in time)
- A partial refund, proportional to the discrepancy, if the item is still usable but doesn't fully match specifications
- Additional documented costs, if you had to source a replacement urgently due to a time-sensitive event
Before filing
Especially for time-sensitive custom orders, document everything as it happens (delays, changes, discrepancies) rather than waiting until after the event has passed — timely documentation is your strongest asset in these cases.
This article is for general informational purposes and isn't legal advice. Custom order contract enforceability varies by state and by the specific agreement terms — review your agreement before filing.