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I hired a web developer to build a site for me in June 2007. To date I have nothing to show for it.?
When we first met, I explained that I am not a developer/web site designer and that I needed a company that would do 100% of the work. They agreed and said they would handle everything.
I met the lead developer and we worked together great. As Christmas came, I knew the site wasn't going to be ready and that I was moving my business and didn't want the site up until we relocated. I asked them to have everything they could done so we we resumed, it would be ready to roll.
July 2008: I called and said we were ready. I had a marketing plan and was sure that our peak season (Aug-Nov) would be its best ever. Well, it's now 12-12-2008 and "I" have personally put in nearly 50 hours of work inputting items, descriptions, costs, weights of products and pictures. As it turns out, they didn't even have the shipping modules ready. Needless to say, we missed the peak season. On November 5, they started working on another shipping module (flat rate UPS). Yesterday, we get an email stating it's ready. Today I check it and guess what, it doesn't work. In addition, by inputting the flat rate module, all the hundreds of prices I input are now incorrect and I can find a formula as to what is wrong.
I have already paid $1500 with $1000 due at time of launch. In addition, they have charged me about $750 for "add ons" that I didn't think should be "add-ons" but for the cost, I was willing to turn my head and just push to get it done.
I have called the owner of the company (no return call as of today) to complain. I don't ever use lawsuits as a source of revenue but they have charged me over $2000 for an inferior product (they use OS Commerce which I've learned is not a top notch product) and I will still owe them $$ when they launch. I estimate that I've spent $200 in marketing materials which I distributed to previous customers last week in hopes of salvaging some Christmas business since I was told it would be ready a week ago. Now, previous customers are going to get the ol' "UNDER CONSTRUCTION" sign.............they won't be back. I've estimated my losses in lost sales at 20-30k.
Do I have a lawsuit? What would you do?
8 Answers
- Carl MarksLv 61 decade agoFavorite Answer
The answer depends largely on the contract you signed with them. If you have it in writing and there is nothing in there that indemnifies them from these types of charges (meaing: if they are as incompetent at contracts as you say they are about finishing the job), then yes.....you have a pretty good case.
I have written many a proposal and contract for software projects....and the key is to be VERY clear about what you are getting. That helps both sides in the deal.
When you have someone else do this stuff....it's best to have everything documented right down to the Use Case level.....detailing what every button does and every deliverable. This of course means YOU need to figure that out too.
This is especially true on a project in your price range, because they just can't afford to have people on your job for more than a couple days worth of hours, tops. The best service you are going to get in this case is from the guy who wants the sale....up front. So define and document it THEN.
- mikeLv 61 decade ago
Well OS commerce isn't terrible its open source sure but to set up takes skills depends if they were going to database if for you to maintain or if you just wanted them to do that for you. I hear you can use it with joomla now.
Kinda fishy here because you mention 25-35k in sales, can you prove that because you never had a website so how could you come up with that kind of number online. If you go to court they can pull server logs of visitors and see if your marketing had impacts what so ever during the time period and guess they can value it on that. I don't see how this could have affected you.
This is indeed a contract matter, I can't help you further who knows who is right. Total mess. No Doubt what they did was not right as well.
- Anonymous1 decade ago
You definitely have a lawsuit if you can prove how much possible money they hadlost you. I suggest you write an apology or note to those who you marketed to, explaining the situation. While they may not want, Christmas gifts anymore, they may shop with you in the future.
- 1 decade ago
I only think that you could have a case if you actually have a contract that stipulates the terms and conditions, the date the work is supposed to be completed, etc...
Source(s): Business Major - How do you think about the answers? You can sign in to vote the answer.
- 1 decade ago
Yes, you have a case. I just wished I lived anywhere near you, I would be on this case in a heartbeat. Just contact a lawyer.
Source(s): I've been in paralegal for 11 years. - 1 decade ago
Only if you want to see Judge Judy.
What you describe isnt really possible is it?
- Anonymous1 decade ago
I would tell my Mom.
