Legal Question in Business Law in Colorado

Software contractor for LLC

Meet with contractor to build data base/software for new company. Contractor uses old database from retail sector he developed years ago and attempts to adapt to our needs. Initial product does not. Cumbersome to use, may fields exist that we did not request, appears very antiquated and even misspelled words on data base. In writing, we ask him to stop. Do not like product or will not be able to use. Another software developer has analyzed what was already created. His opinion is that product is antiquated, not user friendly and something attempted to adapt. May have taken him 6-10 hours. Original contractor wants 40-60 hours of work and has billed for this. When working with initial contractor, we had to tell him our needs numerous times, and he still did not ''get it correct''. Why should we pay?


Asked on 9/10/08, 11:43 am

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: Software contractor for LLC

Why should you pay? The simple answer is to avoid a lawsuit.

What were the terms of the contract between the parties? Was the contract in writing? If not, why not? Did the contract (whether in writing or oral) provide that you could terminate on notice? What would be due to the contracting party if the contract had such term? These are just a few of the relevant questions that an attorney would ask.

As stated, if you don't pay then they may sue for breach of contract or under a theory of unjust enrichment.

You should contact an attorney to discuss this matter before it goes to litigation and to provide your company appropriate agreements. An appropriate software agreement is complex and includes various provisions to assure your rights to the product and other protection. Proceeding either with no written contract or a poorly crafted one is a quick road to a lawsuit.

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Answered on 9/11/08, 10:49 am


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