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Category: Canada Law
Satisfied Customers: 103985
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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We have been doing a software development Canadian company

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We have been doing a software development for a Canadian company in Alberta. They have cancelled the contract with the following statement:
MAPSOFT is in material breach of the SOW by, including but not limited to, not meeting its Milestone Delivery Dates and repeatedly failing to cure such breach in accordance with Section 7.4(e) of the Master Agreement.
• In accordance with Section 7 of the SOW, .... shall not pay the remaining 40% (i.e. $20,000 CAD) because Acceptance (see Section 6.1 of the Master Agreement) of the Gold Master (Final Version) has not been completed.
• .... hereby immediately terminates the SOW for MAPSOFT’s material breach (see Article 7 of the Master Agreement).
• .... hereby notifies MAPSOFT that it shall not renew the Master Agreement when it comes up for renewal on May 28, 2015 (see Section 7.1 of the Master Agreement).
• .... hereby requests MAPSOFT not to contact any employees of SMART other than its legal counsel. All employees of ... are hereby deemed to be represented by counsel under this termination.
I have replaced the name of the company with .... for the moment.
These are the issues:
1. We could never have completed the statement of work because .... did not provide the required functionality in their software and hardware to enable us to do that.
2. .... were about a month late delivering the hardware to enable us to start the project.
3. The named contact on the contract was made redundant and .... did not provide a replacement doing the same job function for about 1 1/2 months.
4. .... was supposed to be involved with the testing of the software, but failed to provide someone to provide the regular feedback specified in the contract.
5. At the same time as the main contract .... signed a contract to license the software back to us so that we could support it, market it etc. We would also be responsible to ensure that all users were registered. .... made it clear in various conversations and emails that they would not honour this agreement. I sent them an email to ask if they realised that they could be in Anticipatory Breach of contract and they refused to answer.
6. We have yet another contract from 2012 for license back of software that we developed for ... and ... again were unable to provide the software to enable us to fulfil that contract.
7. We also had technical problems caused by the host software that we were developing with. The contract allows for this and specifies that negotiations on the contract should take place in that situation. Additions and changes are allowed to be made to the SOW, but the promised changes to be made by .... were never made to the contract.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 3 years ago.

I am happy to continue waiting for a bit longer.

We will continue to look for a Professional to assist you.
Thank you for your patience,
I can try and help but I don't see a clear question.
What information do you need exactly?
Customer: replied 3 years ago.

If the company/customer in question did not supply us with fully working software required to complete the project, is it still within their rights to cancel the project in this way? They also said that they were going to update the contract on numerous occasions but failed to do so. Is it likely that they are actually in material breach rather than us? They were due to owe us about $20,000. We are a small company and this is a huge loss to us. Do you think it is likely that they know this and guess that we don't have the cash for a lengthy legal case?

I don't know what they are thinking but you can sue for up to $25,000 in Small Claims Court and self-represent.
So suing is a viable option for you.
And it does sound like they are the ones who breached the contract.
Customer: replied 3 years ago.

Thanks for your answer.

Can we use the small claims court if we are not in Canada?

Would I need to be at the court in person, or can this all be done using written evidence (as in the UK)?

You can use Small Claims Court even if you are not in Canada

Most courts now have facilities for telephone conferencing or webs conferencing so you can deal with this from abroad. The trial cannot be done in writing though.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 103985
Experience: I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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