Web Designer Legal Action

[Jaimeweb]

Hi,
I am a web developer.
I have a scenario whereby a business has come to me off their own back to discuss the possibility of creating them a new website because they are not happy with the quality of their current website.
Their current website has been in development for 2 years and only just launched a few weeks ago but they are dreadfully unimpressed with it.

We've explained to them that their current website doesn't meet our own standards and expectations for a new ecommerce website and that it currently fails on speed and optimisation tests.
They've also had another SEO company take a look who also said it's not up to scratch.

Anyway, the business owner has relayed this back to their current web developer which of course went down like a lead balloon.

My question is - could the original web developer sue us for creating a new website for this client?

I know that it's very common for businesses to move from one web developers to another after a few years...but with it being very short lived and the fact we've said it doesn't meet standards we'd expect...could that land us in hot water?

Thanks

 

[fisicx]

This is a new contract with your client that has nothing to do with the original contract. So you are safe there.

The only problem could be the other development company taking legal action for defamation. They could do this irrespective of wether you take on the new contract.

 

[Jaimeweb]

But surely if the website wasn’t up to scratch and we were honest in saying it’s faults, of which were proven by site speed and seo tests, then it isn’t defamation?

Plus the client isn’t happy with the final result because of these problems and faults of their own concern, hence why they reached out to us off their own back.

 

[fisicx]

It’s not up to scratch in your opinion. You have defamed the other developer. They may take legal action. Probably won’t but it could happen. Remember they have lost the contract because of what you said. If another developer said your work wasn’t up to scratch and you lost the client what would you do?

 

[Frank the Insurance guy]

AS @fisicx says if the other developer is going to take action it will be an allegation of defamation.

Keep records of your evidence in case you need to prove your facts.

You should have Professional Indemnity Insurance - if so, any claim or allegation of defamation should be covered by your Insurance policy.

 

[paulears]

Normally would a web designer not be doing constant revisions with the client? 2 years and only then are they dreadfully unimpressed. Are they unimpressed by the optimisation and speed tests? Clients rarely even consider this stuff? You said it doesn't meet your standards and expectations. I'm no legal expert, but that is not defamation is it? You just said it does not meet what you have set yourself as a standard. As standards can easily be different, yet perfectly fine, this surely isn't defamation.

 

[YasmeenLondon]

You can say something is bad or good or someone's work is not up to standard as long as you're very clear that it's your opinion, defamation is very very hard to prove, I would not worry too much.

 

[fisicx]

It all depends on the words @Jaimeweb used. If they just made a statement that ‘x did not appear to need the standards of y’ then it’s all ok. But if they wrote ‘developer x is useless because of y’ then it’s closer to defamation.

I had exactly this happen. I built a plugin for a client whose developer stated my work was rubbish with poor coding standards. The client wanted their money back until I pointed out the clauses in the contract. I then sent a LBA to the developer and ended up with tidy bit of compensation.

 

[BubbaWY]

You can say something is bad or good or someone's work is not up to standard as long as you're very clear that it's your opinion, defamation is very very hard to prove, I would not worry too much.

Plus, its extremeley difficult and very expensive to take a libel/slander/defamation case to court.

 

[WaveJumper]

And lets not forget you only have the clients side of the story who's to say they were not a complete headache to work with hence the two years maybe filled with revisions etc

 

[fisicx]

Plus, its extremeley difficult and very expensive to take a libel/slander/defamation case to court.

Often never gets anywhere near the courts. Most cases are settled in arbitration.