Legal Question in Business Law in New York
Recently we hired a web developer to make a site for us. We agreed on 24k price point and about a 3 month turn around on the project. It's been over 7 months and the site isn't done, the developer disappears for weeks, blocks us from the site and doesn't implement our needs. We asked him for a refund or for him to give us the code and part ways with him keeping the 12k. Since then we haven't heard a word, all emails and phone calls go unanswered.
Daniel
3 Answers from Attorneys
Big mistake you made. You should have put money in escrow pending the completion of the job; then paid him with an attorney or escrow agent go-between. Meanwhile, do not pay him; sue him for loss of business and breach of contract both in personal and corporate name.
This is simple. Sue him.
Hi Daniel,
It's one thing to determine whether you have a claim, which you very well may and an entirely other matter in determining whether that can be enforced. The first big question I have is "where is this provider?" If they are in Pakistan, for example, you are likely out of luck.
There may be a number of ways of approaching this and I think litigation should always be a last resort because it is expensive and for all we know this defendant is judgment proof.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
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