Now please don’t take this as an attack in the ‘unprofessional’ vein that seems to be raging so much right now, but let me gently point out that just as much as that DE sorely needs to learn proper pattern/sewing productions techniques, the patternmaker needs to learn proper legal steps to running their business… Otherwise as in this case you’ll end up instead having to educate the judge about standard sewing production methods.

No matter what the field, if you don’t want to be sued you need to do something like what Liron suggests – the actual service you’re selling and its limitations need to be written in as a routine part of the order form (a detailed version printed on the back?). Even if just a box that says ‘description of services provided’ inviting customisation. Since a sewn sample is the make-it-or-break-it condition here, I’d consider adding to the grading order form a small section like ’sewn sample of this exact pattern was produced by — on date —”. And a big checkbox saying ’sewn sample cannot be provided along with the pattern. DE acknowledges that any fit problems in the final product will be the responsability of the original pattern, not of this patternmaker.’ with space to initial each.

Moreover, if you should find yourself talked into something you feel a twinge somewhere could be a mistake, you need to add to that order form, even by hand in a corner, a paragraph that summarizes the discussion you’ve just had with the DE about the pitfalls you sense, and they should sign it. “DE states that this pattern does match the sample provided.” or something. Just so they know that your request isn’t one to take lightly, but that skipping the steps they claim to have made is actually a legally binding affair. If nothing else, this will make them think twice about suing you, but more to the point will make any lawyer think twice about taking their case..

Whether or not you can afford a lawyer to discuss basic business topics, whether or not you can afford the time to take a business law class, you can afford to get a book or two from Nolo Press. They’re written in simple English, they’re extremely clear and logical, they tell you when things get too complex and you need a lawyer. They clearly separate different legal levels, from federal down to municipal. When you do get a lawyer, you’ll understand better what is going on, both spend less money and and be able to help your lawyer by having information available for them to use. Their website alone is worth its weight in gold http://www.nolopress.com and once you use them your standards in lawyer quality will rise too. I can’t recommend them enough.. (I’m not affiliated, they’ve just saved my ass countless times.)

Try to get as much to prove this as possible — any kind of written correspondence, witnesses, etc. Collect info about your experience/background, and maybe even try to get info on her background and lack of experience….

Recently, I worked with a DE who has been in business for over 10 years. We were given 10 designs for production with sew guides. The patterns, however, were not up to commercial standards and the sew guides did not match the patterns (the sew guides had been revised multiple times but the patterns weren’t updated). We insisted on redoing the patterns, which the DE agreed to for 7 designs and insisted that 3 of them were flawless. We had it in writing that any issues outside the realm of cutting and sewing would be attributed to the patterns (in this case 3 that weren’t tested). We had a lot of problems in production due to the untested patterns which caused a lot of headache. The DE was made aware of the pitfalls and they chose to walk the line, anyway. However, for the next round of production, the DE is well aware of the risks and has solicitously agreed to following the protocol – creation of pattern, creation of fit sample for review, any changes have to be applied to the pattern first, creation of another fit sample for review, grading/marking, TOP sample, then production.

There should be a document signed with the DE’s that outlines the process, responsibility/accountability on delivery of specifics so the situation does not come down to legal matters. I am sorry you have to go through this with your client. Wish you all the best!

This should be set inside an “order form “, and would make a customer think again before going through with grading if they haven’t checked the pattern.

In the event that you actually had to prepare to go to court, my only word of advise (besides bringing a copy of the book) would be to present things in a way so that anyone (specially the judge) understands what your specific area of responsibility was…

I would prepare an illustration of a nested pattern piece, so that you can show how how grading is “basically” tracing around the ORIGINAL pattern piece shape.. and with the marker, you can show an illustration of a marker…
The main thing is to KEEP IT SHORT AND SIMPLE.

Good luck!