Legal Question in Technology Law in Massachusetts

Breach of Contract

Have contracted Company to develop new website/database. Company has taken almost a year, project is still not complete and some completed parts still don't work correctly. Company has fired employee and hired Third-party programmer to complete project. Company has since refused to pay Third-party contactor for work done so far, even though I am happy with the work. Now Third-party contractor refuses to do any more work to website and will no longer work on project. I want to sever relationship with Company and recoop monies to hire new programmer to finish project. I have threatened to sue if they do not refund monies needed to hire new programmer since Third-party refuses to finish project until Company pays outstanding balance. Company has asked me to lie to Third-party to get them to finish project without having to pay Third-party outstanding fees, which I feel is grounds to sever contract.

If I need to sue, can I sue for cost to complete/fix website, lost revenue, and any lawyer/court fees? It will cost more money to hire new programmer because they will need to acclimate themselves to existing programming. Contractor's unethical behavior has made it impossible to continue relationship with Third-party.


Asked on 12/02/05, 11:22 pm

2 Answers from Attorneys

Re: Breach of Contract

You can sue for a variety of damages. The first step is to send a 93A letter which under certain circumstances may entitle you to recover attorney's fees and treble damages.

Clearlt lying to the third party is not permissable. I would suggest you meet with a lawyer ASAP with a copy of your agreement with the Web site Company and all your emails etc regarding the matter.

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Answered on 12/03/05, 2:18 pm
David Summer Law Office of David B. Summer

Re: Breach of Contract

First thing you need to do is to have an attorney review the executed contract. The fact is, without looking at the contract and examining the facts, it is impossible to determine whether or not a contract has been breached. For example, does the contract give a time frame for completion, etc.? If the contract is breached, the next step may be to send a 93A letter. You may then sue to recover amounts expended by you as a result of the breach (if any).

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Answered on 12/05/05, 9:28 am


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