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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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March 2013 we engaged a software developer to build a web application

Resolved Question:

March 2013 we engaged a software developer to build a web application on a time and materials basis. We have been paying the software developer on a Bi-weekly basis assuming a 8 hours/5 days per week schedule. After a disagreement regarding the completion date and payment terms the developer stopped work. We have reviewed the software code produced by the software developer and solicitored opionions from other software developers who believe that the volume of the completed works is far less than one would expect from an experienced developer. We believe that the software developer has been falsifying the time spent on the project and require a refund toreflect the likely time spend on the project.

Software developer day rate: rate £200 per day
Total spent: £40k
Refund sort by us: £30k-25k
There is no agreed contract with the software developer

Questions
Can court/legal process explained?
There are no timesheets; its the developer's word against our's in terms of the time spent on the project. Where does the burden on proof reside? Do we need to prove that the software developer did not work time stated on the invoices or does the software developer need to provide the proof that he did indeed work the time?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

The Court process is quite straight forward.

Alex Watts :

If you have a claim then first you need to issue a letter of claim, setting out your losses.

Alex Watts :

If you bring the claim then you need to show, on balance (more likely than not) that your version of events is true.

Alex Watts :

I assume it would not be disputed that he was working for you, but a question about what he did/did not do

Alex Watts :

If he does not remedy the situation then you issue a claim

Alex Watts :

A copy of the form will be sent to the developer who will have a limited time to defend it

Alex Watts :

If not then Judgment is entered and you can enforce it

Alex Watts :

If it is defended then 'directions' will be given to timetable the matter.

Alex Watts :

If it is a small claim this is for sums below £10,000 it is usually you have to send to the Court and each other witness statements and documents which you intend to rely on 14 days before the hearing

Alex Watts :

If it is above £10,000 different rules apply to do with disclosure of documents, inspection of documents and then when statements are to be exchanged and listed for trial.

Alex Watts :

If it is a small claim you generally do not need legal representation.

Alex Watts :

If it is above £10,000 then generally you do

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

What about my question regarding the burden of proof?

Alex Watts :

I did answer that but I will say it again

Alex Watts :

If you bring the claim you have to prove, on balance (more likely than not) that your version of events is true

Alex Watts :

The burden is on the claimant to prove it

Alex Watts :

Does that assist you?

Customer:

Thanks

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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