might be getting sued..
09-11-2007, 04:43 AM
#1
VIP Member
Thread Starter
iTrader: (1)
Join Date: Jul 2004
Location: Santa Rosa
Posts: 5,588
Car Info: 2005 Unicorn
might be getting sued..
So I took this website job about 2 years ago.. little more than 2 years actually.
Anyways it started out she wanted a simple website with basic information on it.
It slowly morphed into a site with an online store, forum, mailing list, etc etc.. And I never once raised the price on here (charged her 500 bucks which is dirt cheap and at this point I am averaging $3.00/hour after how much time I have put into it all between working on it, editing her spelling mistakes, and meeting with her)
anyways.. on track... she wants to take me to court for not finishing the site by the month of august.. (she gave me the dead line around june) and continued to change content on me every week..
Also because she couldn't get her trademark and had to pay $1000 for an extension to the trademark attorney.
There is no contract. There was never any talk about meeting a final deadline. We agreed on getting a site up, and if changed needed to be made we'd make them. I never said or agreed to "by this date the website will be complete"
And it wasn't until this summer that I got any content/information for the site. ..
First off does she have a case without a written agreement/contract? Second off can I be responsible for things that were out of my control? Such as the constant change of content..logo.. etc etc?
I am so frustrated because I am actually probably losing money on this as I have driven to her house about 15 times in the last two years.. and that is about a 60mile round trip. So adding gas into that you are looking at 900 miles put onto my car.. which has to be over 100 bucks in gas I would assume. (meeting in person to discuss every detail was not apart of any agreement and she would get mad and yell when i said i wanted to discuss it over the phone opposed to in person)
she also harassed me by calling over and over and over leaving me very rude voice mails.. sometimes 10 voice mails in just a couple hours when she was well aware of me working 2 jobs and going to school full time.. she'd leave messages saying "i will keep calling until you answer".. and things like that. but in a much more rude way.
agg. this sucks. Any advice? thoughts? suggestions?
I am trying to work it out with her.. but in case it does goto court.. I could use some advice here.
Anyways it started out she wanted a simple website with basic information on it.
It slowly morphed into a site with an online store, forum, mailing list, etc etc.. And I never once raised the price on here (charged her 500 bucks which is dirt cheap and at this point I am averaging $3.00/hour after how much time I have put into it all between working on it, editing her spelling mistakes, and meeting with her)
anyways.. on track... she wants to take me to court for not finishing the site by the month of august.. (she gave me the dead line around june) and continued to change content on me every week..
Also because she couldn't get her trademark and had to pay $1000 for an extension to the trademark attorney.
There is no contract. There was never any talk about meeting a final deadline. We agreed on getting a site up, and if changed needed to be made we'd make them. I never said or agreed to "by this date the website will be complete"
And it wasn't until this summer that I got any content/information for the site. ..
First off does she have a case without a written agreement/contract? Second off can I be responsible for things that were out of my control? Such as the constant change of content..logo.. etc etc?
I am so frustrated because I am actually probably losing money on this as I have driven to her house about 15 times in the last two years.. and that is about a 60mile round trip. So adding gas into that you are looking at 900 miles put onto my car.. which has to be over 100 bucks in gas I would assume. (meeting in person to discuss every detail was not apart of any agreement and she would get mad and yell when i said i wanted to discuss it over the phone opposed to in person)
she also harassed me by calling over and over and over leaving me very rude voice mails.. sometimes 10 voice mails in just a couple hours when she was well aware of me working 2 jobs and going to school full time.. she'd leave messages saying "i will keep calling until you answer".. and things like that. but in a much more rude way.
agg. this sucks. Any advice? thoughts? suggestions?
I am trying to work it out with her.. but in case it does goto court.. I could use some advice here.
Last edited by evsoul; 09-11-2007 at 04:51 AM.
09-11-2007, 05:18 AM
#2
Registered User
iTrader: (3)
Join Date: Aug 2006
Location: milton, fl
Posts: 1,218
Car Info: 2006 San Remo Red WRX
Without a contract she cannot hld you to anything. I used to contract for my father's contracting company. People often changed floor plans and modified plans after the initial contract was signed. Once they did this, price is subject to change along with the deadline. She has no case.
09-11-2007, 05:25 AM
#3
Registered User
Join Date: Jan 2005
Location: I gotta have more cow bell!!!!
Posts: 9,198
Car Info: 05 STi
Without a contract she cannot hld you to anything. I used to contract for my father's contracting company. People often changed floor plans and modified plans after the initial contract was signed. Once they did this, price is subject to change along with the deadline. She has no case.
09-11-2007, 05:27 AM
#4
Registered User
Join Date: Apr 2006
Location: sunnyvale
Posts: 290
Car Info: 2006 Legacy Spec B
i used to work as contractor in the software field. First thing i do is to get a functional spec and signed from the paying party. i allow changes as long as they fit in the current dead line. if changes become a habit then there is a new contract.
that said if there is anything written then look into the papers else if all is vebral then no case, she cannot hurt you.
that said if there is anything written then look into the papers else if all is vebral then no case, she cannot hurt you.
09-11-2007, 08:17 AM
#7
250,000-mile Club President
Join Date: Nov 2002
Location: Bizerkeley
Posts: 4,770
Car Info: MBP 02 WRX wagon
She might be able to take you in to small claims court- not that she'd win, but the level of documentation and burden of proof are a lot lower there, all she'd need to do is convince the Judge that you've done her wrong.
At the same time, defending yourself in small claims is a lot easier too, just prepare some invoices for all the miles, meeting time and other things things you didn't charge her for that you really should have, base your case on the fact that she already got more than you'd agreed to.
If you show up with evidence that she's been moving the goal posts and asking for far more than the original agreement, you should have no problem.
In fact you could get the jump by invoicing her for all this BS, at which point she can fire you (probably the best way out) and/or YOU can threaten to take HER to small claims court.
5 grand is the limit in small claims, but since you can't use a lawyer there, its also the cheapest and easiest way to sue somebody
At the same time, defending yourself in small claims is a lot easier too, just prepare some invoices for all the miles, meeting time and other things things you didn't charge her for that you really should have, base your case on the fact that she already got more than you'd agreed to.
If you show up with evidence that she's been moving the goal posts and asking for far more than the original agreement, you should have no problem.
In fact you could get the jump by invoicing her for all this BS, at which point she can fire you (probably the best way out) and/or YOU can threaten to take HER to small claims court.
5 grand is the limit in small claims, but since you can't use a lawyer there, its also the cheapest and easiest way to sue somebody
09-11-2007, 08:21 AM
#8
KareBear
Join Date: Nov 2006
Location: San Jose, CA
Posts: 620
Car Info: '07 SWP STi
FYI: verbal agreements can hold up in court as that is also a binding contract. (I watch Judge Judy and took business law)
Doesn't sound like she has a case against you, but if it does go to court just be sure to have EVERYTHING with you. Any documentation, voice messages, etc. Because if all else fails, you can counter-sue for harrassment and any threats made are considered assault.
Doesn't sound like she has a case against you, but if it does go to court just be sure to have EVERYTHING with you. Any documentation, voice messages, etc. Because if all else fails, you can counter-sue for harrassment and any threats made are considered assault.
09-11-2007, 08:21 AM
#9
sorry bossman, but based on the actions between the 2 parties, its very plausible to see that there may BE a contract (obviously not in writing) between the 2 parties.
as per ..
http://www.law.cornell.edu/ucc/2/2-204.html
but from what i understand, i dont think she can do much against you, because from what you say, she gave you the information you needed at a very late point in time.
and save those voicemails that she leaves you, so you can use it to defend yourself in court need it be.
i doubt it'd escalate that far. arbitration at most if required. but as long as you can definitively prove that she gave you the info you needed at such a very late point in time + the poor business conduct of harassing you, she can't touch you.
gl bro.
as per ..
U.C.C. - ARTICLE 2 - SALES
..PART 2. FORM, FORMATION AND READJUSTMENT OF CONTRACT
§ 2-204. Formation in General.
(1) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract.
(2) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined.
(3) Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.
..PART 2. FORM, FORMATION AND READJUSTMENT OF CONTRACT
§ 2-204. Formation in General.
(1) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract.
(2) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined.
(3) Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.
but from what i understand, i dont think she can do much against you, because from what you say, she gave you the information you needed at a very late point in time.
and save those voicemails that she leaves you, so you can use it to defend yourself in court need it be.
i doubt it'd escalate that far. arbitration at most if required. but as long as you can definitively prove that she gave you the info you needed at such a very late point in time + the poor business conduct of harassing you, she can't touch you.
gl bro.
09-11-2007, 08:29 AM
#10
Registered User
iTrader: (8)
Join Date: Jul 2006
Location: Slumboldt
Posts: 3,160
Car Info: I is not STiYLIN n e moar
She is screwed, don't worry.
No contract but verbal, hard to prove anything.
Constant change on content and it sounds like you didn't even have the info you needed until a couple of months ago. Not your problem. I think the judge would use the word unrealistic.
No contract but verbal, hard to prove anything.
Constant change on content and it sounds like you didn't even have the info you needed until a couple of months ago. Not your problem. I think the judge would use the word unrealistic.
09-11-2007, 09:08 AM
#13
Troll
iTrader: (6)
Join Date: Jan 2006
Location: In SoggyNoodles Low Rise Pants
Posts: 15,877
Car Info: 2008 Legacy Spec-B
Just found it a little funny that one of your proofs was because you watched judge judy. I'd love to see someone use that as a defense in a court of law.... NO YOUR HONOR! You are wrong! I saw this on judge judy and **** said I get to this because of the thing and the thing plus she asked the guy if she had stupid written all over her face because of it!
