Legal Question in Business Law in California

About three years ago a friend began helping me build a website for a business I was starting. I asked him how much to build it because I didn't have much money. He said that if the business was successful, we would figure it out then.

After about a year and a half of working on the website, it was still a pretty poor site and I couldn't afford the server payment anymore for a non-functioning website. After telling him for months that I needed to make this thing work or I would run out of money, I finally shut off the server and used a standard hosting plan with a standard template shopping site. He asked me about it and we had a discussion through email about why I shut the site down. I told him that I would be happy to discuss partnering with him or paying him upfront to completely rebuild the site once I had the money if he could guarantee that it would be what I wanted. I told him I would get back in touch with him when I was ready.

He asked a few other questions, to which I have not responded. The website has also remained exactly the same as when we talked as I still do not have the money to build what I want. However, after never agreeing on payment and never receiving a functioning website, I did receive a Settlement Demand in the mail today from a lawyer on his behalf. What should I do?


Asked on 2/20/13, 12:31 am

2 Answers from Attorneys
Charles Perry Law Offices of Charles R. Perry

You need to respond to the settlement demand in some fashion. If your "friend" hired a lawyer, then he's serious about this issue. You need to be serious, too.

You may need to hire a lawyer to help you craft the response, which should set forth the facts favorable to your position and respond to the amount demanded. That response can be a statement that you refuse to pay him anything, or a counteroffer.

Best of luck to you.

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Answered on 2/20/13, 12:57 am
Kelvin Green The Law Office of Kelvin Green

I agree hire an attorney... You had a website albiet poor so you did get some benefit... There is a risk if you were sued that an unjust enrichment claim could have some merit... You could make a counter offer... Couple other options that an attorney could help you with...

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Answered on 2/20/13, 6:02 am


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