We hired a Web Designer 14 weeks ago to build a web page for our water blasting business. To date we have 1 page of what should be a 5 page website. We have asked him numerous times to refund us our money over the last several weeks but all we get is excuses. I have emails and a voicemail from him apologising from almost 2months ago for dropping the ball. We payed 3 installments, our final payment being 31st May. If we have numerous emails and text messages asking for our money back as we are so dissatisfied would we have a case?
No legal action yet. We have only tried asking him about 5-6 times for our money back. He told my partner last night on the phone that wouldn't be happening. He said he would finish the job we paid for, we don't his services.
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
Did the contract or negotiations talk about a time to complete the job?
Unfortunately there was no contract. Although after the initial consultation he went away saying he will get things started and was happy for me to pay in installments. I payed the first installment of $300 a couple of days later. Total cost being $1200.00 all of which was payed in full by the 31st of May. Its now 19th July and we still only have one page 5 to show for it. And that page was only just done on the 16th July. My partner spoke with him last night asking him for our money back, he told that wasn't going to happen.
As far as I'm aware and from what I have seen from other web designers job completion time is 3-4 weeks for a basic webpage which is what ours should be.
Email i sent to him this morning -
Final payment made 31st May, which is almost 8 weeks, still not good enough! Even if it were the case that you were waiting for final payment which you never said you were, this is still far too long to wait for a basic web page design!I've spoken to other web page designers and they (3 of them) have all told me it should take no longer than 3-4 weeks max for a 4-5 page web site. Even after you have said you are still going ahead with the website I still don't see any other pages where's the rest of it, 14 weeks to build 1 page, really?! If each page will take 14weeks we wouldn't see the final completion until this time next year?Remember this is our business you are playing with! We have a poorly formatted and gramatically in-accurtate web page advertising our business, this is not the professional image we want portrayed to potential customers!We have an email from you telling us in the early stages that you're "steaming ahead" 31st May, after receiving our final $450 payment as well as "I will have a draft to show you guys this week" 01st of May.So can you explain to me how then, even after our final payment and telling us you have a draft to show us that 8 weeks later we still only have one page?And to top it all off, because you live on Cromwell St, you had the ease and ability to come and see us to keep us well updated and informed face to face.And in reference to the phone conversation you had with Chloe last night asking you to give us our money back, again (18th July 17:10pm), your response to her "I can tell you right now, it's not going to happen" is not your call. We are not satisfied (and have pointed this out to you many times) with the extremely poor service you have provided us with.
You do have a contract, it is just a verbal contract, which is just as good as a written contract. But the reason I asked was about the time to complete. I agree he has extended this beyond what is reasonable. So your next step would be to write telling him saying time is now of the essence and he must deliver a completed site by the end of this week. If he fails to do so, then you will cancelling the contract for the abject failure to deliver on time. If he had said on 31st May he was "steaming ahead" then as you observe, this would mean completion in June. If he fails to deliver then you will need to go to the Dsiputes Tribunal and claim your money back
Time is of the essence is a legal phrase making it explicit that he must complete the job within time.
So I should use "time is of the essence" phrase and give him the opportunity to complete the full website by the end of this week, failure to do so will be a cancellation/termination of the contract due to abject failure to deliver on time?
Should I also mention that I have been in legal consultation and tell him the consequences of him not honouring this new deadline? Or just keep it simple?
I suggested above that you tell him, time is of the essence, and that if he does not perform in time, you are cancelling the contract and requiring a refund
I hope this ends well
LLB MMgt FAMINZ 32 years qualified as lawyer
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