What you have here is arguably breach of contract
Breach of contract may be minor, or material.
A minor breach is substandard performance but one that does not cancel the contract.
A material breach goes to the "heart" of the matter wherein the performance is so bad, or nonexistent, that it validates the other party walking away from the contract.
Is it a minor or material breach? The Court would decide based on the following subjective factors:
1. The extent to which the injured party will be deprived of an expected benefit
2. The extent to which the party can be adequately compensated.
3. The extent to which the breaching party will suffer forfeiture.
4. The likelihood that the breaching party will cure their failure
5. The good faith of the breaching party.
Here, one may wish to claim a MATERIAL BREACH of contract and demand that either they finish the job properly or
, they will not be paid anymore and, may even be sued for the cost of another programmer finishing the work.
Example of a letter:Dear __________,
This correspondence is in regards XXXXX XXXXX handling of the project dubbed _____ for me. At this time, I am having serious concerns about the status of completion of this project. Specifically, my concerns are as follows:
If these issues are not dealt with properly and in a timely way, I am afraid that I may have no choice but to see this as a material breach of contract and will seek another contractor to finish the work, and shall cease payment to you and may demand money back.
By "timely," I mean by (date) - please have these issues finished then, or else I may consider this a material breach of contract and may act accordingly.
Again, this is just a sample. I hope this helps and clarifies. Good luck.
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