Legal Question in Technology Law in New York

Non-Payment of Services Rendered

I live in Illinois and design web pages as a freelancer. I was asked by a client in New York to do specific changes and additions to a website I had previously designed for him. He now refuses to pay for the current work I have completed and billed him for. The items listed in his invoice is work that I have done per his instructions, and he is not being charged for something I did not do. His reasoning for withholding payment is on the premise he was displeased with my original work, not the work I have just completed.

What legal rights to I have to the site? I have not signed over my copyright to him, and I am unable to obtain access to the hosting server to remove my files. I have tried to reason with him to no avail. What, if any legal action I can take? Can I ask the hosting service to remove the site? Please advise me.


Asked on 2/24/00, 1:26 am

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Non-Payment of Services Rendered

This should be a pretty straightforward collections matter -- you say that he has no issue with the services just provided, so he has a plain obligation to pay you. He might be able to assert a counterclaim alleging defects in the original work, but this is undercut by his decision to use your services again for the enhancements.

Likely he won't give you the time of day until you actually sue him.

A colleague who might be able to help:

Patrick W. Begos

Begos & Horgan, LLP

25 Ford Rd.

Westport, CT

(NY and CT offices)

[email protected]

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Answered on 2/29/00, 10:02 am


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