We recently had a new website developed worth over $50K. Upon nearing handover of the site we consulted with external designers to ensure all was in order. it is now apparent we are now in no way getting what was scoped and in the contract. We agree to an open source, open cart website of which we could take and host anywhere. It now seems somewhere along the line they change the build to Ruby on Rails and are intending to hand over an encrypted, unable to access engine. In other words something different to what we paid for. The MD is being completely arrogant and basically ignoring everything we are trying to state. What impact would issuing a notice form a lawyer have at this point. Especially as he seems to think he is above the law?
Hello and thanks for your question.
If the company concerned is based in Australia and their contractual obligations to provide the system you say you agreed to is clear in the written contractual documentation, then having a lawyer put them on notice is likely to be an effective step toward pressuring them to address any contractual issues.
Strangely, many IT people do seem to believe themselves to be above the law merely because they operate over the internet, but if they have a physical presence in Australia they may well be subject to the Australian courts. A letter from a lawyer may make this person realise that you are serious and ready to take legal action.
If on the other hand, they are an overseas development company, the ability of an Australian lawyer to credibly threaten them may be modest since they are geographically at least, effectively beyond the law. Ultimately, to pursue them you will likely need to engage a lawyer in their jurisdiction. Most common law countries tend to have similar laws to ours, in which case taking legal action may still be viable, but if they operate out of a third world country, taking action may prove difficult or impossible.
If you are unsure where they are located, then engaging a local lawyer to internet litigation experience may be a good first step. If you need assistance locating a lawyer contact the Law Society of WA as they can assist you in finding a suitable lawyer.
http://www.lawsocietywa.asn.au/
I trust the above assists your understanding.
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Thank you,
Patrick.
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