Problems with a web developer

[AppystaffSi]

Good Morning Everyone

I produced a business model before the first lockdown which was to help people find temporary employment while lockdown was in place.

I found a developer that promised everything and paid a percentage of the fee up front by credit card,

the developer has failed to meet deadline dates and dragging the development on this was meant to be completed before December 2020 and is still not finished.

As this development was specifically designed for lockdown could we take this developer to court for the following:

loss of sales (2 big clients pulled out after the development was not completed by the deadline date in December)

Is their anything else we can do for losses time spent etc due to them failing to meet deadlines the developer is based in Romania?

Any help would be appreciated thank you in advance

 

[fisicx]

As this development was specifically designed for lockdown could we take this developer to court for the following:

loss of sales (2 big clients pulled out after the development was not completed by the deadline date in December)

Is their anything else we can do for losses time spent etc due to them failing to meet deadlines the developer is based in Romania?

No
Very unlikely

Sorry to say but this is a common occurrence. Many offshore developers promise everything and deliver nothing. You could begin legal action but the changes of this ever getting to court are almost zero. In fact it's more likely you would have to take this action in Romania not the UK.

 

[Darren_Ssc]

In fact it's more likely you would have to take this action in Romania not the UK.

I'm sure the courts in Romania will give you a fair crack of the whip too?

 

[Mark T Jones]

As above - sorry to say - learn the lesson & move on.

 

[fisicx]

I'm sure the courts in Romania will give you a fair crack of the whip too?

Well they will certainly enjoy the cash you shovel in their direction.

 

[zigojacko]

I agree with what @fisicx has already stated but what was the percentage of the fee you paid up front and what was in the terms of contract regarding the payment milestones and the deadlines?

 

[AppystaffSi]

We offered the developers a full website and app report of specifications asked for a cost and timeline and the reply was by December the 20th We paid 70% of the fee they were charging to build and then the rest following completion

 

[fisicx]

We offered the developers a full website and app report of specifications asked for a cost and timeline and the reply was by December the 20th We paid 70% of the fee they were charging to build and then the rest following completion

That's a big chunk upfront. But doesn't change the fact your money has almost certainly gone.

Your legal costs could dwarf the cost of the build. And if it's just a small development company they could fold long before you get to court (in Romania).

 

[zigojacko]

We offered the developers a full website and app report of specifications asked for a cost and timeline and the reply was by December the 20th We paid 70% of the fee they were charging to build and then the rest following completion

I see.

Paying 70% of a project up front without any deliverable obviously puts almost all the risk in your court but I'm sure you've learned that lesson now.

But aside, just how much of the project has been delivered? How far away from completion is it?

And this project was started approx April 2020?

 

[japancool]

Even if you could - unless you drew up your contract with them under Romanian law, I don't know if it would be enforceable.

 

[Darren_Ssc]

I found a developer that promised everything and paid a percentage of the fee up front by credit card,

Maybe lodge a complaint with your card provider?

I had an instance last year and they weren't much help as it was a B2B transaction with a business credit card. Anyway, there was a lot of to and throw that led me to make a complaint about how the incident was handled. They refunded me eventually as a goodwill gesture.

 

[Big G]

Good Morning Everyone

I produced a business model before the first lockdown which was to help people find temporary employment while lockdown was in place.

I found a developer that promised everything and paid a percentage of the fee up front by credit card,

the developer has failed to meet deadline dates and dragging the development on this was meant to be completed before December 2020 and is still not finished.

As this development was specifically designed for lockdown could we take this developer to court for the following:

loss of sales (2 big clients pulled out after the development was not completed by the deadline date in December)

Is their anything else we can do for losses time spent etc due to them failing to meet deadlines the developer is based in Romania?

Any help would be appreciated thank you in advance

Hi Appy,

As the majority have said above, this is going to be very difficult to recover considering the debtors location.

What sort of figures are you talking as this will be the main factor to consider when deciding if it will be cost effective to try to recover or not.

I appreciate it will hurt and you will want to go after it in principle but principles often cost, unfortunately.

 

[Darren_Ssc]

What sort of figures are you talking .

He mentions the figures in his post...

 

[fisicx]

He mentions the figures in his post...

Where? He just says 70%

 

[Darren_Ssc]

Where? He just says 70%

Wrong thread, good job I'm not touting for a business as a paralegal

 

[The Resolver]

Two tips:-

1. (wherever is the contractor) - have a clause making 'time of the essence' under which any delay becomes actionable. Without that slippage can be allowed so as to defeat a claim.

2. When contracting with a foreign company, have a jurisdiction clause (as well of course with a mediation requirement) saying the contract is to be governed by English law and the English courts have exclusive jurisdiction. Of course this does not solve the problem that if you then sue in an English court and win, you will have huge difficulties in enforcement especially as that will be governed by Romanian law for which you will probably have to pay a lawyer just to find out the rules.

Now If we had had the sense to ignore the misinformation and deceipt and remained in the worlds biggest and most succesful trading group , any judgement you obtained in an English court would be fully and automaticallly enforceable in any other EU member country such as Romaania. As we are now apprently an indepedent powerhouse ("Make Britain Grate" (misspelling intentional) you can't do that so , you may as well just have to forget the hassle and cost and just go and Book a Rest (gerrit?)