Legal Question in Business Law in New York

US firm took money but did not provide agreed item

I went on an outsourcing site to look for a company who could produce a web site for me. Although I offered $6000 for the project I received a reply from a New York Software House who claimed they could do this work for $10000.

I agreed to this and we eventually settled on a completion date of November 2005. Before the project finished the company asked me to pay another $2500 for ongoing costs. I agreed to this as I was due to finish work in November and I really needed my site up and working. The site was not ready in November and still had many of the same problems I had been complaining about for months and in January 2006 I received another invoice from this company asking for even more money.

By this time I had been out of work a few months and the interest payments on the money I borrowed for this project were due so I could not pay anything more.

I told them I could not pay, and asked them to hand over what they had already done. They sent nothing.

I realised then that they had actually nothing to send. The reason nothing worked on the web site was because they didn't know what they were doing from the beginning and were simply creating ''test runs'' as and when I requested them. Can I legally get my money back.


Asked on 5/04/06, 8:07 am

4 Answers from Attorneys
Scott Levinson Korybski & Levinson

Re: US firm took money but did not provide agreed item

You may be able to. Did you have a written agreement with this company regarding payment and the work to be performed (I hope so)? If you did, you must look to the terms of that agreement. There also may be other documents to look to, such as cancelled checks, e-mails, correspondence, etc.

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Answered on 5/04/06, 8:16 am
Michael Markowitz Michael A. Markowitz, PC

Re: US firm took money but did not provide agreed item

You had an agreement with this company. You fully honored the terms and conditions of your agreement and made prompt payment. If the company failed to demonstrate any constructive work on your web site, you have grounds to commence an action for breach of contract.

Mike.

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Answered on 5/04/06, 8:44 am
Robert R. Groezinger GroezingerLaw P.C.

Re: US firm took money but did not provide agreed item

You should be able to. The best course is to start with a contract review. You may feel free to e-mail your contact to this office for a review and free consult.

Good Luck

RRG

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Answered on 5/04/06, 8:55 am
Nancy Delain Delain Law Office, PLLC

Re: US firm took money but did not provide agreed item

Depends on your contract with the software house, although what you describe breaches even "handshake" contracts. I'll be happy to review your contract with you at no cost to you, if you wish.

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Answered on 5/04/06, 3:09 pm


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