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Thomas McJD
Thomas McJD, Attorney
Category: Business Law
Satisfied Customers: 6516
Experience:  Experienced in Corps, LLCs, Partnership, etc.
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Ok, more questions. I have a client, the contract started

Customer Question

Ok, more questions.
I have a client, the contract started in Dec. 2010.
The contract was for a web site design:
template / home page / buttons / category graphics / slide show
we completed all of this, $2000
Custom hourly updates: 5 hour retainer was paid, $175
Custom hourly updates over retainer: 40 hours, $1400 NOT PAID, client refuses to pay, wants more work done, doesn't want to pay.
MCommerce Set up, Free with design package, not done, this is the last step in any design project but the client refuses to pay for the out of scope stuff so I didn't move forward on this to incur more cost on my part
SEO optimization - $500 paid, not done for same reason as above

Total Paid: $2675
Work done: $3400
Value of Work not completed by my company: $500

Client signed the contract and initialed that he would be billed for ad hoc and custom hourly work done at $35 for the product upload and $50 for the programming.

Client signed the contract and initialed that there are no refunds, all sales are final.

Client signed the contract and initialed the Time to Cure was 14 days and took far longer than that to give feedback in writing. I asked, countless times, to receive feedback on the data we uploaded to no avail.

my question is that he is threatening to sue me, via text message and phone message. does he have a case? Can I countersue for the out of scope work that we did and court costs / attorney fees if he does happen to bring suit? Also, he is in New York State ... I am in Texas ... how likely would it be that someone would even waste the money to bring suit in such a situation?
Submitted: 5 years ago.
Category: Business Law
Expert:  Thomas McJD replied 5 years ago.

Based on what you have noted, he doesn't have recourse. He agreed to pay certain amounts at flat fee and certain on an hourly basis and has not fulfilled his promise to do that.

 

If he had a complaint about the work, then he was required to voice that complaint within a certain period of time. Again, he didn't comply with the contract requirement to do that.

 

If he does sue, you can counterclaim against him for the amount you are owed according to the contract terms.

 

It's not likely he would waste time or money suing you, but he could (it happens). It would be a small claims case and you could represent yourself against him in such a case. In a regular court proceeding you would need an attorney (because a corporation cannot represent itself pro se; however, that rule doesn't apply in small claims cases).

 

 

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Expert:  Thomas McJD replied 5 years ago.
Could I provide clarification?