Legal Question in Personal Injury in Utah

In creating a website for a client, we unfortuantely worked without any written contract. We were communicating through email - which was more impersonal, but gave me a good string of communication in writing.

As the project neared completion (I would say it's 98%-99% as it stands) - I suddnely received a letter of termination demanding a refund. I had received two of three payments (each amounting to 1/3 of the project bid), and they were proposing that I immediately refund all but 20% of the received payments (this meant I would retain only 18% of the total payment on a project which was all but complete).

The reason for termination and refund claim unsatisfactory timeline and design. Both of these are disproved in the email thread - and no mention of dissatisfaction was made to the degree they are claiming. Even so, every effort on my part was/is being made to make it right.

I made a counter-offer, providing them with the fully-functional website code, even though I am only partially compensated for the service - and the counter-offer to waive the last 33% payment. I have now received a more threatening letter and hesitate to reply.

Even with all this said... would it be recommended I have no further contact with the client except through legal representation?


Asked on 7/07/10, 2:31 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Without a review of the emails to ascertain what the agreement covered, a judgment call is hard to make. Assuming that there is no justification for their termination, you are entitled to payment for the services performed - even if there is not a written contract. You can sue for the balance due, If the amount is less than $10,000 you can sue in small claims court yourself.

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Answered on 7/08/10, 7:23 am


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