Legal Question in Business Law in Texas

My company hired a web design company to design and upload our website. We were told it would be done June 1 to coincide with our radio advertising launch and our meeting took place 2 weeks beforehand during the month of May. We were issued an invoice during the month of May for $2185 payable in full. Our website did not get loaded June 1 and we ran 2 months of radio ads promoting our website at $1500/month. In fact the web site did not go active until around August 3 and prior to the website going up we were informed that payment was due in full or it would not be loaded. We gave the check to the company with the understanding that they would not process the check until all parties were satisfied with the end product. The check was process approximately 3 weeks later and our website still does not fully work nor are we satisfied with the product. The company we contracted to has stopped returning phone calls or responding in any way and our site has not been fixed and still does not function properly. We have no contract and did this on a handshake as we were dealing with people we knew. Do we have any legal recourse at this point to make them finish the website or return our money plus damages?


Asked on 8/29/10, 8:07 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any attorney will say you have an oral contract. From what you say, it appears the website company has not performed the contract and is liable for damages. A well-written demand letter by an attorney is a good option at this point and should not cost a lot. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 9/04/10, 8:00 am


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