i am not a legal professional. but it sounds to me like the same reason that your client is not entitled to the refund is the same reason why your boy Jim isn'

i am not a legal professional. but it sounds to me like the same reason that your client is not entitled to the refund is the same reason why your boy Jim isn't entitled to sue for lost time and wages. lesson learned. next time, make sure to state that the down payment is considered a retainer for services provided and is non-refundable. tell jim that he's learned a hard lesson and next time to document his contact with clients and to halt work and inform them that they're delaying timelines if they don't have a pulse. include client delay provisions in the contract.