Legal Question in Business Law in Massachusetts
Website Developer did not provide service - deposit paid
A former coworker of mine has a side business in website development and agreed to develop--name removed--website for $1500. He claimed he would have it done in two weeks. That was over a month ago and it should have been done by Dec. 18th.
I gave him $500 deposit to do the website and be done in the 2-week time frame that he stated, with the remaining balance due upon--name removed--satisfied completion. I've continuously tried contacting him with no response. The latest he said was that the basics were in, but showed no proof.
I want to go with another company to complete--name removed--website now since he seems to not have done anything, but believe I should get--name removed--deposit back. I left several messages (verbal and written) indicating--name removed--intent and for him to stop working on--name removed--website and to confirm returning--name removed--deposit, but still have not heard from him. I would even be willing to pay a small fee if ANY work has been done.
--name removed--I entitled to get--name removed--deposit back? What next steps should I take?
2 Answers from Attorneys
Website Developer did not provide service - deposit paid
You have some options.
If he is in the business of such development, you can send him a 93A consumer protection letter of demand.
If he is not, then you can file a small claims action in the district court in the county where you reside or do business.
If you have any other questions, or need assistance, contact me.
Re: Website Developer did not provide service - deposit paid
Henry,
You have a breach of contract and a consumer protection act claim against your former web designer. You need to write him a Chapter 93A Demand Letter (by Certified Mail) demanding your money back, otherwise you will be entitled to tripple damages and attorneys fees. You can sue him in district court or small claims court