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trogus133388ySuing in either direction is going to likely cost as much if not more than is owed. I'd try reasoning with him further, that it's cheaper just to pay what's owed. If he's suing you to get the source code, then you have leverage. A lot of situations like this, the client changes their mind and decides they don't even want what you made, and therefore feel no obligation to pay. Good luck!
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He wants what's made plus the they already moved their business db to 100% the system we built. He wants to go with cheaper solution I am sure. He signed off on all hours worked theirs clear text messages back and forth that he was happy with the solution we provided.
The clients wife was their she was not so pleasant told me she can't believe I wouldn't give them all the source code and that she rather sue me and pay the new team to start everything from scratch. Completely left field considering he just text me how happy he was like 3 days before. -
Remain cool-headed, as you seem to have done, stay professional and stick to your guns. More often than not these threats are hollow and, given time to cool off and consult with their peers, they will approach you more professionally and you can part ways without harm, financial or otherwise.
It's these trials that make you better at the business end of what you do. It doesn't come naturally to anyone so don't lose too much sleep over it.
Wishing you luck 👍🏻 -
xroad23808yThat sucks man. It sounds like payment was agreed on completion of the project. I honestly don't know why developers can't see how hourly payments are better for everyone.
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trogus133388yThere is a cost to suing and rebuilding, they might need some help figuring out the math on that one, cause it's not going to be the cheaper option for them. Though from the sounds of it, probably not the last self-defeating act they will engage in
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Small claims court might be your best bet. You can represent yourself, so there's no legal fees, usually.
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The original contract with threat of violence was not a hint, it was a billboard to not do business with the person. Lesson learned.
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Sounds like you are doing the right thing here. I've been in similar situations but have the luxury of having 2 friends that are lawyers that will draw up legal documents actually spelling out that if payment is not received we will be bringing it to small claims court. Good luck!
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how can physical violence be part of a business contract? "if you don't deliver you'll get 5 punches in your face"
thats absurd and surly illegal in nearly every country? -
remove back-end integration implementation, minify all the source code into one file, scrap all the automated tests. tell him he can have it as a demo for his "new dev team".
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Oh how I wish I had a shot at this guy and his wife to teach them both a lesson they would never forget! I basically look for such confrontations with such assholes! someone should teach them a lesson and I am a very resilient fuck to mess with. Basically do as @pixeltherapy had said earlier. You have all the right ammunition to beat them in any court case. The guy is just bluffing and playing it tough thinking we developer types have no backbone and will hand over the code with our tail between our legs. Stick to your guns, play it like you have been playing it and look for a lawyer in the mean time. There are some who will agree to consult and even represent you and get paid from the spoils of their labour, the total amount which was due, AFTER the case has been settled. From the looks of it the guy has no intention of paying anyhow and you shall need some legal representation working in this crazy world any way.
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And if you can find the lawyer in time, by all means go ahead and sue him before he has a chance to sue you. Best of luck mate.
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One more thing, once this thing is over, have the same lawyer have a look at the main structure of your contract that you would be using for your subsequent projects and make sure you put in the clause of; "All legal preceding expenses shall be paid by the side who violates the aforementioned articles of this here contract" at the end.he will charge you very little for that draw up, but trust me its money well spent
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xroad23808yI'm a peaceful guy but fuck yeah to @codeRetard. My policy is to think of the greater good. If you let this guy get away with it he'll just pull the same crap on someone else.
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@xroad Being peaceful has nothing to do with it. You will be trialed by such bastards should you choose to go into business. You better be sensible and have methods of dealing with such assholes in place as you will eventually run into a few of them during the course of the life span of your company. Its not being violent, its just common sense really. And if you don't choose to do so, there will be a glass ceiling that you will not pass since there are many such people and companies out there waiting to exploit your hard work.
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@grolofson and others following this post
YouTube: Mike Monteiro - "Fuck you pay me" lecture and watch it. it's only 38 minutes but its a very nice education.
Oddly enough this is the third time I am advising someone here to go and watch this thing. -
ke7mzp2248yAll you need to do is go to the court house and file a triple damage report the judge will sign it and they will be compelled to not pay the contract price but 3 time the contract price
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@ke7mzp I looked this up and it says they have to have done something that has done damages to my business.
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ke7mzp2248y@grolofson in most states refusing payment is damage to the Business as you have spent time and resources on the product in your case he even accepted the product therefore there is a damage that can be calculated
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@pixeltherapy well, the treats got worse then they offered half then met with us and their lawyer turns out they didn't share the news of All threats they been sending in text and voicemail, their lawyers tune changed real
Quick.
End of story not only did we get paid their lawyer is drafting us a contract agreement that the client will take down their slam ad, will not speak ill of us ever again and we will part ways respectfully. So it turned out real good
Can I just say we won! -
@grolofson No, it's time for a counter sue! As it stands you haven't done anything to be victorious, they are choosing to close the case. Why the hell do you think the lawyer is all of a sudden so pleasing and accommodating!? Because he knows that you have waaaaaay more than enough to sue their pants off and so he is trying his utmost to make sure you won't pursue this legally. This is time to teach these bastards a lesson and make sure no other such bastards ever think of messing with you
Related Rants
So finished a project for a client, the client signed a contract. He signed off that all milestones where reached. Text me that he was very pleased.
We give 30 days to pay. 8 days before the due date he asked for a meeting, telling us he wants to go another direction and he wants the source code to show the new development team he's going with to get a quote from them. I tell him that, that's fine he can have the source files once he pays for the product which was in the contract they signed mind you!! And this FUCKING DICK FART threats to sue, saying he's calling his lawyer, threatening me and my development partner with physical violence, and saying he's going to sue me personally not because me work was bad but because I refused to give him the product before he paid. I was calm we offered to meet his new dev team explain the code, and show them what they needed to see to give the clients a quote and they would not allow that, saying how now I'm not getting paid instead I'm getting sued and that he will publicly shame my startup company. Just complete bullshit, good thing I saved the original contract he wanted me to sign which had threats of physical violence I. His contract... Which in retrospect should have been a hint, but it was the highest paying contract we ever landed. Seems he never planned on paying. What's a guy to do?
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