Legal Question in Technology Law in Connecticut

Refund or Small Claims

My company we hired to do a web design for a large wine club. We did the design and hired a freelance programmer to help with the bulk of the programming work. After a year, the client decided they were tired of waiting for the programming to be completed. They want a full refund despite the fact that the project is almost complete. We have no problem paying back our portion to avoid court but the programmer refuses to pay back his portion because he claims he wont pay back money for a years worth of programming hours that he did pay. The question is ... are we responsible for the freelancers portion? Is our client even entitled to a full refund just because they didnt feel like continuing with the project? We did work for a year on the project and have 95% of it finished. So we can prove those hours were worked. There was no contract signed by either party. The clients lawyer claims that the money was for a completed website and not for ''hours worked'' and therefore since the site remains unfinished they are entitled to a full refund despite the years worth of work. Is this true?


Asked on 1/18/07, 10:45 am

1 Answer from Attorneys
Nicholas Adamucci ADAMUCCI, LLC

Re: Refund or Small Claims

While an oral contract may be enforceable, the answer to your question depends. To start a proper analysis, a few questions would have to be answered. First, did the wine club contract with the programmer at all or was he a subcontractor of yours only? What were the terms of the contract or what was the understanding of the parties when entering the contract? These are important questions that must be answered in order to give a complete answer.

The fact that you did perform work in reliance on the contractural agreement may prevent the wine club from obtaining a full refund. However, without giving a general summary of contract law and not knowing more specific information I cannot give a precise answer.

If you would like to speak with me or contact me, you can do so at www.findctlawyer.com or email me at [email protected]. GOOD LUCK

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Answered on 1/18/07, 1:57 pm


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