I had an architect perform some work for me and he included a non-refundable retainer clause in the agreement. We did not complete the work due to the downturn in the real estate market. We are in California, is there any legal recourse to get the retainer refunded? Or should I just write this off and move on?

Hello o:

You say it wasn't completed indicating that there WAS some work done. The retainer pays him for that work. But, even if he did NO work at all, if you gave him money that was NONREFUNDABLE and you signed a document saying so, you're out of gas.

excon

Yes, that is his protection of you not doing any of the project and not paying him at all. It is common in many industries.

You had the option before hiring him not to agree t this and merely find someone else without that clause, but since you agreed to it, you are obligated to it