Website Threats

[jonathansnow]

Life is a learning curve and the mistakes made below will never be made again ie proper contracts and process, none the less I am where I am so advice and help appreciated

In summary I took on a web project to develop a website that consisted of 2 parts. 1 a visable front and and 2 a CRM database behind the scenes. A spec document of features was produced and agreed - no signed contract as such 4 years ago

• The client in question assigned a project manager (employee) at the time to work with me to develop the above
• I did the work as she requested using common sense approach to CRUD/Data management and the front end website
• The website went live around 2 years ago and has been workign fine
• At some point the owner decided they didnt like CRUD/Data management aspect and I extensively reworked this over a year to meet their change requests (at no extra cost). This process was a balance of fitting in this unpaid work with paid stuff (to keep the lights on) so it took a lot longer than he would have liked
• In October without me knowing he had another developer go in and take the website and code of my server and set it up elsewhere, he then said one of the items in teh original proposal wasnt complete/how he wanted it and he was paying this other company to do it and was going to bill me

Obviously I dont want to be billed but imo I did the work as per the instructions of his project manager. Is their anything I can do should he invoice me for changes he now decided he wants with this new provider?

 

[MarkHopkins]

If you have done extra work for them (outside of the original spec), why don't you add it up and bill them for that work?

Just a thought, I'm not a lawyer.

 

[PipeTen-Carl]

Hmmm, guessing there's no contract? Just email exchanges and direct conversations?

With respect to the work you've completed and deployed unpaid, which has then been taken and improved upon by the other developer... You likely have the right to charge for this IP or demand the return of this IP.

With respect to the customer billing you for a developer they've hired to perform additional works... If you were not informed of your breach of deadline/contract or the hiring of the developer, then imho you have the right to charge for the works even if not used, because you were not allowed to try and put the mistake right.

I would definitely not accept any cost or liability for the additional works performed, if they don't accept this then I would walk away and say their only recourse be the courts. Otherwise if they're not seriously going to pursue you for these other costs, and there is the potential to repair the relationship and get future works, I might ignore the fact they've built upon the unpaid IP and just ensure everything is contracted/scheduled/paid moving forward.

/2p

 

[jonathansnow]

Yeah no contract just email exchanges

 

[TODonnell]

Your client has a cheek. 2 years later he wants a re-design? Walk away. If he starts a claim (and I doubt it) get the venue shifted to where you live and turn up in person.

Counter-claim if you feel up for it.

I think geeks tend to be naive businessmen and skint and so will take on open-ended contracts. There are contract samples on the 'net. Find one and customise it. Copy in bits from other samples. Build in time and task limitations. Send that early on the next client you get.

 

[JElder]

Y
There are contract samples on the 'net. Find one and customise it. Copy in bits from other samples. Build in time and task limitations. Send that early on the next client you get.

Do be slightly careful doing this. In a contract a single word can be critical, and can make a huge difference to a contract.

For instance:

• 'best endeavours': we will do everything within our power, at any cost, to comply with this clause
• 'realistic endeavours': we will try but no promises, and not if it's going to cost us money

You can get contract templates specifically for web site development, but you may need to pay for them and get some help if anyone wants to alter them - because you can guarantee it won't be in your favour.

 

[obscure]

Obviously I dont want to be billed but imo I did the work as per the instructions of his project manager. Is their anything I can do should he invoice me for changes he now decided he wants with this new provider?

If they invoice you inform them in writing that you completed the project according to the agreed specification and that after two years you are under no obligation to do additional work outside of the originally agreed spec.