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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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We paid 12K turnkey software advice and implementation

Resolved Question:

We paid 12K for a turnkey software advice and implementation solution for our company to be completed last september 2014.
As of today only 1/4 of the project is complete.
Lots of lame excuses but no resolution
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
Does they contract make 'time of the essence'. In other words does it specify the end date?
Customer: replied 2 years ago.

yes the scope of the contract stipulates september 2014

Expert:  Jenny replied 2 years ago.
Does the contract stipulate what will happen in the event the project runs over or is it silent?
Customer: replied 2 years ago.

no stipulations

Just an agreement and scope

Expert:  Jenny replied 2 years ago.
are they still working on the project? Have they said when they anticipate it will now be completed?
Customer: replied 2 years ago.

I just get target dates come and go, promises then

a list of excuses , usually involving being unable to complete due to numerous medical conditions ranging from ear infections to constipation.

It is laughable if it wasn't so costly.

Expert:  Jenny replied 2 years ago.
Ok you said you have threatened legal action, can you tell me how you have done this?
Customer: replied 2 years ago.

I have stated i am ready to take legal advice

Expert:  Jenny replied 2 years ago.
Ok what you need to do is to send a letter before action to state that if they do not come up with an acceptable proposal for completing the job then you will have no alternative but to sue them for your losses in breach of contract, these can include the cost of rectifying the issue plus any quantifiable loss for the failure to meet the contractual end date.
As this is likely to be fairly complex it is probably worth instructing a litigation solicitor with experience of dealing with commercial contractual disputes.
You will be able to recover your legal costs in the event you are successful in a claim.
I would urge you to do this as a matter of urgency as there is a risk you may be deemed to accept the breach in contract if you do not act.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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