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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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hi a webdesign company received a specification from me

Customer Question

hi

a webdesign company received a specification from me and quoted me on that last year. since then, the work has been slow, and key critical components of the specification are now not being done as they 'cant do it', despite the fact we had a face to face meeting to discuss all these points of the design ang build

they quoted £2100 and i paid £1500 deposit

i need to know how i can get all my coding etc from them so another company can finish the job

thanks
dave XXXXXXXXXXX [email protected]
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, my name isXXXXX will do whatever I can to help you today.

Is there a contract at all?
Customer: replied 3 years ago.

Hi


 


only by email


 


after i emailed a secification document to them i got this reply


 


We have been looking in to the commercial side of this and the cost as a whole along with other details that are important.



Going over the work required since you updated the spec a little and we obviously looked into it a bit more when you did makes things move a little price wise.



We never really confirmed an exact cost , we did say around £1800 for the lot , but we do have a bit more of a handle on it now and the spec is a bit more updated therefore we would need to


Move the cost to £2,100 that includes all the other apps listed in the prev mail and your license , development work and design.

Customer: replied 3 years ago.


hi Nic


 


how do i sent you an attachment so you see the website spec they quoted on?


 


thanks


 

Expert:  UK-Justice replied 3 years ago.
I don't need to see the spec at this stage - just if there was a contract signed?
Customer: replied 3 years ago.


then no - the agreement was by email - i have full records of all communications


 


thanks

Expert:  UK-Justice replied 3 years ago.
Did they at any stage that they could not do the spec?

Did you change the spec?
Customer: replied 3 years ago.


no - site is based on a standrd package with a number of plug in software components - and the PHP programmer was supposed to 'tweak' the add ons to give me functionality


 


apart from the delays and my own concersn, the first spoken issue came on last friday when he said he was worried about the cost of one of the things i wanted - when i mentioned that we in the inital spec, he simply bluffed his way through


 


when it was discssed this morning on skype talk, after my comments ( themacdees), he (Tom) said


 


[09:31:42] themacdeestom - the pyramisd system has been in the spec from day 1 -
[09:31:42] themacdees: clearly explained
[09:31:50] themacdees: you have asked me for % point allocations#
[09:32:11] themacdees: whats the hold up ? are you going to say its my fault again?
[09:32:15] tom mcewan: yes that is corrct dave
[09:32:27] tom mcewan: re the points from day one
[09:35:34] tom mcewan: as for anyones fault i think you and i should stop talking just now and i am going to have a think how we proceed from here


 


i think he knows he cant do the job as quoted for and is looking for a way out


 


in truth, i have lost all confidence, i want to know how to get all my work out in a useable format that i can give a competent progrrammer


 


( apologies for typing errors - i am shaking with anoyance )


 

Expert:  UK-Justice replied 3 years ago.
And nothing discussed about ownership of coding?
Customer: replied 3 years ago.


i would own all rights once the build was completed

Expert:  UK-Justice replied 3 years ago.
Thanks,

In that case you can cancel because they are in breach of section 13 of the sale and supply good and services act by them failing to take all reasonable skill and care.

They would be entitled to charge a reasonable fee for reasonable work done,

That means you should write and ask for the coding,

It seems that they will be entitled a fee for work done and it may be £1500 covers it.

If they refuse then you can issue proceedings for delivery up of the code.

You can do this in the county court.

You would need to complete form n1 and pay a court issue fee of £175

But you are seeking an order for delivery up of the code.


If there you have any questions or if I can help you with anything else please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.


Hi Nic


 


one final point before i pay !


 


i am in england - they are in scotland - what law does this fall under


 


thanks

Expert:  UK-Justice replied 3 years ago.
You can argue uk law because you are based here and that is where the contract is formed.

In any event, contract law is very similar for both England and Scotland.


If there you have any questions or if I can help you with anything else please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.


Hi again Nic


 


i thought this might happen - i havent spoken to him but he has said now by email


 


I will give you access to all your files and information once you settle an invoice that we will issue you with for part of the work we have done to this date.



I will issue the final notice on this today / tomorrow morning.


 


so he wont release my files until i pay him more money. under law, does he have a right to withhold the all the documentation, given that i have already paid £1500 up front - what law would he be breaking if he refuses to release the files


 


i am going to relase payment now ( i just got back in) but would be grateful if you could answer any final queries.


 


in addition, if i had to go to court, how much would you charge to put my case in order?


 


thanks


 


dave


 

Expert:  UK-Justice replied 3 years ago.
Yes - if his work is in excess of the £1500 then he can hold onto the work.

All you can do is get 3 quotes for the work done and see if it is fair and reasonable.

I can not bring the case for you - its against site rules...........


I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Hi again


 


bit worried when my £33 will run out but theres more i need to know


 


so he has the right to hold onto all the work although i have already paid 1500 - i do plan to ask someone tonight if he can asses the quote and the costs - what if we prove ( from 3 quotes) that his £2100 was way too low and that he is essentilly holding me to ransom?


 


i was thinking to offer him £100 extra regardless of what he wants as aseverance payment - i can clearly prove, with mulitple and detailed sections of evidence, that their working methods were very slow and when i objected and said i want to work beside the guy for a day, they refused - is that obstruction while i am trying to resovle the difficulties and get sensiible value for money


 


thanks again


 


 


 

Expert:  UK-Justice replied 3 years ago.
They are entitled to a reasonable fee for reasonable work done.

They have a legal lien on the property - in that it belongs to them until paid for.

I am sorry.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.

Hi again


 


its been great so far and it would help even more if you could apply it to the situation as it stands now. another web builder thinks i have been overcharged and the design isnt very robust. he wants to take the programs ( worth £700) from the old developers and start again - he says it will be cheaper for me and i believe him


 


this comes back to legal lien - the programm fees are not in dispute and should be released - the added value is in dispute, other quotes coul dbe obtained to prove excessive costs, and we could take them to court


 


i want to avoid all that - say just give me the programms - keep your work and keep the 1500


 


what does the law say ?


 


 

Expert:  UK-Justice replied 3 years ago.
You still need to issue proceedings and get it resolved.......

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