Legal Question in Business Law in California

Web Design Firm scamming me

I have a contract for web design with

a company. The company has proven

to be incompetent and the project is

over schedule by 7 months. Was

supposed to be a 5month job, its now

been a year . I am trying to get a

refund however they are saying that

the contract states if there is a

cancelation in the contact they get

their hourly rate for however many

hours that have been spent so far.

(basically a made up number) It also

states ''The parties further agree that

the amount of the liquid damages

established by this provision is a

reasonable stimate under the

circumstances existing on the date of

execution of this agreement of what

the developers damages would be in

the event of a termination or default

by client''. The contract says '' the

client hereby engages the developer

to provide develpment services and a

work product as outlined in the

proposal attached hereto as

addendum 1. (whis states a

timeframe for the project) So what i

want to know is because of the

amount of time that has passed with

only 30% of the work completed is

this a breach of contract on their part

and should i get a full if any refund?


Asked on 7/21/09, 12:26 pm

2 Answers from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: Web Design Firm scamming me

I'd need to see the contract to know for certain, but based on what you have stated, they would only be entitled to 30% of the contract price. Of course, if what they have made is inoperable, then it is likely that they would not be entitled to anything.

Alternatively, since they are apparently in breach, because of the time-table they provided, you may be able to recover the entire amount plus the cost of having someone else complete the contract (if it is over and above their estimated cost).

Again, I would need to see some of the documentation to determine what rights and recoveries you are entitled to.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 7/21/09, 3:17 pm
Terry A. Nelson Nelson & Lawless

Re: Web Design Firm scamming me

You can ask for anything you like, and you are probably entitled to refund in some amount. As with every case, what you get will be determined by either negotiation with the guy that writes the check, or by a judge/jury after suit. That's how disputes are resolved. They've already made clear they won't cooperate reasonably. Once you determine you're ready to sue for breach, or have counsel attempt negotiation, feel free to contact me for that legal help.

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Answered on 7/21/09, 2:12 pm


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