Legal Question in Credit and Debt Law in California

What are my Rights as a Sub contracted Developer?

I was contracted by a company that was contracted by the company that was contracted to develop several web-based CD-ROMs and custom programming. During the development of the CD-ROMs the end client wanted to add functionality that was not within the functional specifications that were presented to the client at the beginning of the projects. These additions were approved to be additional charge.

After all the CD-ROMs were completed, the person that contracted me to develop these CD-ROMs is not stating that he was being penalized for missed deadlines and he is going to void some of the additional charges since he is being penalized. All deadlines were met, there was one incident that there was a scratch on one of the CD-ROMs and had to be replaced within 8 business hours. I contacted the main contractor for the projects and she didn�t seem to know what I was talking, the person that contracted me was very upset I contacted her.

My questions: What options do I have to get payment for all the work performed? Can I withhold all source code until payment is resolved? Can I request all CD-ROMs be returned until payment is resolved since they contain html code that I wrote and have not been paid for?


Asked on 4/04/02, 1:34 am

2 Answers from Attorneys
D. Alexander Floum, Esq.

Re: What are my Rights as a Sub contracted Developer?

Your legal rights are dependent on what your contract with the company which hired you. If you are owed less than $5,000, you may want to sue in small claims court. If more, you should contact an attorney.

You can see my bio at http://www.schinner.com/html/the_schinner_law_group_-_d__al.html

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Answered on 4/04/02, 2:32 pm
Larry Rothman Larry Rothman & Associates

Re: What are my Rights as a Sub contracted Developer?

Generally, you have a right for payment. The "problem" was immaterial and resolved by you in a timely matter. I do suggest you provide the source code since before you file a lawsuit, you comply completely with the terms of the contract. If you fax to me at 714 363 0229, your contract and other letters, I will call you and provide you with free consultation on any other issues that I note.

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Answered on 4/10/02, 2:30 pm


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