South Africa Law

Get your South African law questions answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

Quick questions. I commissioned a project to build a website…

Customer Question
Hi. quick questions. I...

Hi. quick questions. I commissioned a project to build a website developer last year August. Discussed scope of work in written, signed the contract with agreement to pay over 3 stages. The website developer at that time didn't have much work as he told me later he spent 10k on the google advertisement but I was one of 2 contacted him. He seemed to be very committed, professional and attentive. Initially he proposed me to pay at the end once the final product was delivered but I felt bad about it so proposed to pay in stage - which he was happy to take.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I made this deal in Cape town Now I am in Gauteng and he is still in Cape town.

Lawyer's Assistant: Has anything been filed or reported?

Pearl did you read the story above... can i finish my story then answer your question I am the victim and want to understand what I can do legally

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Long story short, i paused the project half way through due to my personal issue and he agreed to do so. When i pick it up, things changed. some technical error found in his work from the web building tool he choose to work with. he tried to solve but couldnt. after paying till stage 2 (80% of the total project cost) he dropped it.

Submitted: 4 months ago.Category: South Africa Law
Show More
Show Less
Ask Your Own South Africa Law Question
Customer reply replied 4 months ago
I commissioned a project to build a website developer last year August. Discussed scope of work in written, signed the contract with agreement to pay over 3 stages. The website developer at that time didn't seem to have much work as he told me later he spent 10k on the google advertisement but I was one of 2 contacted him. He seemed to be very committed, professional and attentive. Initially he proposed me to pay at the end once the final product was delivered but I felt bad about it so proposed to pay in stage - which he was happy to take. The contract was made in Cape Town. He quickly completed up to stage 2 by September then It was stage 3 where I needed to give him writing up, photos and video so he can load them onto the website and test.Then due to my personal circumstance (e.g. moving back to joburg and then move again, hubby got sick), I asked for a pause in September and ask to pick up later later and he agreed to do so. When I pick it up again in January this year, things changed. 1) There were some major technical mis-alignment found between the website platform (Wordpress... platform he proposed and I agreed) and website themes that i chosen with his advice. So the website didnt save the change under new upgraded environment. We tried 1 theme and it crashed in front of my eye. He told me he will work on the another one. 2) He got way more busier with his full time job and website project, 3) he didn't have appetite for my project anymoreHe advised me to move to another website platform (Shopify) saying that platform suits better for my requirements. which is true but my requirement hasnt changed from the time i had initial meeting with him.I contacted him 2 weeks later to see where things are. He told me 1) there isnt much he can do to save his previous work, attempt to recoup would require exactly same time invested from his side so its not fair to him so he would like to stop at stage 2, 2) he advised me to work on Shopify platform due to better compatibility and friendliness, 3) however he is not a shopify expert so he cant be involved.That was 2 weeks ago. I thought about this from his angle and my angle (I am running a cooking class for full time and this is a very important business tool for me). There is 2 things I cant resolve.1) After paying R 8000 (labour for stage 1+2 + cost of 2 theme), how come I end up with getting nothing? I didn't buy his time but a tangible product called website. My website made zero progress and why should i only be the one paying for this misfortune? He complained that he wasted his time more than what he planned... but hang on, I also wasted my time.2) I commissioned the work due to his professional capacity that I didnt have (website building and understanding of technical things). He chosen the working tool, website platform and offer me criteria for theme selection which I adhered to. If issues happened between Wordpress and the Theme, this is something he should resolve directly with his service providers - which i see little hint of. This shouldnt be the reason of stopping the project. I spent fair bit of time and concluded that both Shopify and Wordpress have pros and cons - and whichever way, makes no difference to me for serving my purpose of running my business.To my website developer, he blames the pause for loosing his momentum. Even we finished the project on time, the very issue I face now, would have been my issue to face (e.g. product delivered with issues to be raised in the future but there is no warranty). So the pause was minor thing, not the core of the problem.I am thinking about asking him to refund my money if not full, then partial amount. Please advise.
Customer reply replied 4 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 4 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 8 hours by:
3/11/2018
Lawyer: Christiaan K,
 replied 4 months ago
Christiaan K
Category: South Africa Law
Satisfied Customers: 226
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified

Good day

My name is ***** ***** I will assist you in answering your question today so please feel free to ask as many follow-up questions as you like until you are satisfied that I have answered your question.

Without going to deeply into the specifics, I think it can be summed up as you paid for a professional to develop a product for you which did not work and he did not finish.

This is classic breach of contract that happens to thousands of people daily. Whatever the reason was for his breach does not really matter (unless your actions caused it - which was not the case).

He cannot simply walk away now without properly performing. His actions in refusing to complete and rectify can be seen as redupiation and if you accept his redupiaion, you should be entitled to restitution (refund) and possibly even damages.

The problem with all of this is that he will most likely not simply agree to refund you your money so in order to get it, you will have to sue him. For that you will need an attorney, unless the claim amount is less than R15k in which case you can sue from the small claims court in the area he is residing or employed.

I trust that this answered your question.

Please be so kind as to rate my service by clicking on the relevant stars or smiley faces. If you do not rate my service, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively.

Kind regards

Ask Your Own South Africa Law Question
Customer reply replied 4 months ago
Hi thank you for the answer. "which case you can sue from the small claims court in the area he is residing or employed" -> meaning if i want to submit this case, I should do that in Cape Town?
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Christiaan K Your Own Question
Christiaan K
Christiaan K
Christiaan K
Category: South Africa Law
Satisfied Customers: 226
226 Satisfied Customers
Experience: Attorney & Director at Lombard Kotze Incorporated

Christiaan K is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,801 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,249 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

226 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
Termination Query. I am an electrical contractor and currently
Termination Query. I am an electrical contractor and currently busy with a residential project with a building contractor. I submitted my quotation with my basic terms and conditions. There is no form… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
My business partner and I have come up with an idea for a unique
My business partner and I have come up with an idea for a unique mobile app. However we need to do market research before development which means we need to engage with a focus group to get honest fee… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
I employed a cabinet maker/fitter to make build-in cupboards
I employed a cabinet maker/fitter to make build-in cupboards in two bedrooms at my house.I paid for the material to be used in full at Cape Boards. He suggested to buy the hardware to be used at anoth… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
We are a small family business that does website design and
We are a small family business that does website design and development. We signed a contract to do a job for a client using our developer who works for us on a contract basis. The developer lied to u… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Dear Legal Advisor,In Dec2011 I was asked to do some work
Dear Legal Advisor, In Dec2011 I was asked to do some work for a friend. The large project we were working on was to be based in a country adjacent to SA but before that could happen some Admin needed… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
I develop websites for clients. One such client was an internet
I develop websites for clients. One such client was an internet security company (i.e. professional 'ethical' hackers). Upon initiation of the job, the client agreed verbally to take responsibility of… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
The PM on our project "shouted at me in anger" while my client
The PM on our project "shouted at me in anger" while my client was in the room. He, the PM, actually stood over me [I was sitting and not part of the meeting] and started screeming a multitude of diff… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
Good day, I have developed a mobile and web based platform
Good day, I have developed a mobile and web based platform in india with a specific company and mid way through the project after paying almost half the value of work order we realized that the compan… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
My situation is very complicated but will try and condense
My situation is very complicated but will try and condense it: We are a small company specialising in security systems( CCTV ), access control and Fire detection systems. We quoted on a project in 200… read more
Barendb
Barendb
Master's Degree
777 satisfied customers
Can I make a profit from selling advertisement space on a community
Can I make a profit from selling advertisement space on a community development website, for example, a community garden or green environment etc.? Do I have to start a NPO or NGO company for any comm… read more
Shaie Zindel
Shaie Zindel
Attorney
B.A. (RAU); BProc (RAU)
1,249 satisfied customers
My builder sent me an email on Monday morning stating that
My builder sent me an email on Monday morning stating that he is not coming back to site and is ending the building contract with us due to a presonality clash. I have replied by saying that neither h… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
Hi there I was caught in possesion of cocaine this weekend.
Hi there I was caught in possesion of cocaine this weekend. 2 grams of it. I need to appear in court on Tuesday morning. It is my first offence ever. WHat can I expect? Should I make use of an attorne… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Dear Team I am a registered contractor of 30 years MBA PUBLIC
Dear Team I am a registered contractor of 30 years MBA PUBLIC WORKS etc and meet all criteria listed by the developer, have not signed any documentation or reached agreement in any form but refused fr… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Am I protected under the new CPA in this instance and what
Am I protected under the new CPA in this instance and what is my recourse? Somebody advertised a classic vehicle for sale on Gumtree. I called up the gentleman had a short discussion and he accepted v… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
My wife was approached to set up and run a Blog. She used the
My wife was approached to set up and run a Blog. She used the blogger platform (a free option) to set up the BLOG in question. She was being paid a fee to edit, run and upload posts to the blog. At no… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
This is an injury case with temporary employment. 3 weeks
This is an injury case with temporary employment. 3 weeks ago I had hired a builder who did private jobs on an adhoc bases. He acted as the foreman and arranged for men to be hired. The type of work w… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
My son has just been to his local magistrates court to apply
My son has just been to his local magistrates court to apply for parental responsibilty and they have turned him away saying he has to apply at the high court.He is not married to the mother of his 2 … read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I have been had by a builder who is not registered with any
I have been had by a builder who is not registered with any council so I dont have any recourse as such. The arrangement was that he was to earn his project fee from the budget which was exceeded by m… read more
Barendb
Barendb
Master's Degree
777 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x