Legal Question in Consumer Law in Florida
I hire a company to develop a website for my company. The deadline for completion date was August 2011. Now, it's Jan 2012, and the website has not been completed.
From May until now, January, 2012:
This company has experienced many internal problems such as broken computer causing loss of programmings, weather problems causing inability to work on website Site, president's personal issues, this company's work with other customers...etc.
These problems have not only caused delay in completion of my website but also caused business interruption, loss of profits, and loss of potential business relationships between my company and its clients.
Additionally, cost of $29 every month to support online learning system since July 2011 until now (total $174) has caused expense burden on my company without providing profits (due to in-completion of Website)
Furthermore, my company has always completed its part of the contracts by sending a payment of $4,300 on-time. Total cost was $6,300 ($300 was pay-up-front cost of hosting after site completion)
Now I want complete refund and no products from this company. However, this company refuses.
What should I do? Should I file a claim with my small claim courts? Please tell me the procedure needed. PLEASE HELP ME
2 Answers from Attorneys
This is a breach of contract claim. In Florida, the maximum amount you can claim is $5,000 in damages, otherwise you have to file in county or circuit court. You can go to the clerk's office at your courthouse and get the papers to file a small claims court case. Search online for how to file a small claims court case in Florida, there are lots of resources. But remember, that even if you win a judgment against the website company, collecting a judgment is an entirely different process. You may win in court, but not get paid, and then you have to decide if the company has assets that you can levy against to satisfy the judgment.
You could file a small claim for under 5000 or in county court for 5000 up to 15000. Might also want to hire a lawyer to first send a demand letter to them. For more information feel free to check out our website www.behrenlaw.com.
Scott Behren
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