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Client Cancelled and There's No Kill Fee — Now What?

Most freelance contracts, especially short ones or ones built from a template, never mention what happens if the client cancels midway. That silence doesn't mean you're owed nothing — it usually means you fall back on general contract law, which in most places still entitles you to payment for the work you already completed.

Check the contract for anything close to a kill fee

Before assuming there's nothing, search for language that isn't labeled "kill fee" but functions like one — "cancellation," "early termination," "termination for convenience," or milestone payment structures. A lot of contracts have partial protection buried under a different heading. If you genuinely find nothing, the contract is simply silent, and silence has its own rules.

What "silent" actually means legally

When a contract doesn't address cancellation, most jurisdictions fall back on the principle that you're owed the reasonable value of work already performed — sometimes called quantum meruit. This isn't automatic or guaranteed, and it usually requires you to show what you did and that the client accepted or benefited from it. But it means "no kill fee clause" is not the same as "no right to be paid."

The part most guides skip: milestones do more work than a kill fee wouldIf you invoice by milestone rather than a single lump sum at the end, a cancellation mid-project usually means the client simply owes you for milestones already delivered — no separate kill fee negotiation required, because you were never owed for undelivered work in the first place. This is why many working freelancers stop asking "should I add a kill fee clause" and start asking "am I structuring payment so cancellation is a non-issue."

What to send right now

Send a short, factual invoice or summary: what was agreed, what was delivered, and the amount owed for completed work only. Don't bill for the whole project — bill for the fraction actually done. This is both the fair ask and the one most likely to get paid without a fight, since it's hard for a reasonable client to argue against paying for work they've already received.

For next time

A kill fee clause isn't complicated to add: a flat percentage (commonly 25–50%) owed if the client cancels after work has started, scaling up the later into the project it happens. Even a single sentence protects you far better than relying on general contract law after the fact.

Information to gather before you invoice

  • What exactly was delivered versus what was scoped for the full project
  • Any written approval or acceptance of the delivered work
  • The original payment terms, even if they don't mention cancellation
  • Any milestone or phase structure already implied by how the work was organized

Sources

  • Uniform Commercial Code — quantum meruit and unjust enrichment principles
  • Small Business Administration — contract and invoicing guidance
This is general information, not legal advice. Whether you can recover payment for partial work without a cancellation clause depends on your jurisdiction and the specific facts. Docly can help you find and understand what your own contract says, but it can't tell you what you're legally owed. For money at stake, talk to a small business or contract attorney.

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