Legal Question in Technology Law in New Jersey
Don't know if you have the answer to this, but I hired developers to program an iphone app for me 3 months ago and its no where near done. They said it would be done in weeks, never signed anything that stated a date. Anyway i can get money back? The programming team is in CA. Paid $5200. Invoice I have shows an amount of time the project would take in units, roughly 40 units or hours. I have all conversations and chats saved through gmail emails and gchats. I was friendly with the owner of the programming/developer company, and still am, but I need advice on what I can do to get the project finished. I'd like to get what little work they did saved on disc and get some money back to hire another team.
Thank you for your advice,
Andrew Jasper
2 Answers from Attorneys
I'll assume you do not have a written agreement, and as such your best bet is to attempt to negotiate some sort of early termination settlement. You may be able to piece together the terms of your agreement by combining the various pieces of communication you have to determine what the intentions of the parties were with respect to a delivery schedule.
You have the right to the benefit of the bargain. The problem is enforcing your rights in an economical way. A lawyer would have to look over the correspondence to see if there is any way to litigate (should that be required) in New Jersey. If so, your bargaining power is very much increased because of the Consumer Fraud Act. Armed with that knowledge, it would be appropriate to see if the CA firm will simply return the money. If not and if they can't perform, a suit may be your only answer. The decision will then be NJ or CA?
My firm handles matters of this type. If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
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