How best to handle a potential lawsuit with a web developer that I have a contract with?

Get Legal Help Today

 Secured with SHA-256 Encryption

How best to handle a potential lawsuit with a web developer that I have a contract with?

The final payment is due; the contractual terms are clear that he owes late penalties but he has taken down my site until he gets “full payment” without consideration of the contract. He knows I don’t have the money to fight this right now, so I would like to make payment and reserve my right to sue later. Is there a template for this letter? Is it legally legitimate if I write it myself? Can he refuse the payment if I try and reserve my right? Do I put the amounts I will be suing him for in the letter? Are there certain phrased or words that should be used?

Asked on September 2, 2012 under Business Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is a little difficult to follow what happened here but from what I can gather you have a contract with the web designer and they breached that contract in some way causing penaties that were built in to the agreement.  That would be what?  That they did not complete the work in the time specified?  Now they are holding your site hostage until they receive final payment, correct?  They may in fact be interferring with business here under the law in your state.  I know that you do not have money for a full blown lawsuit right now but I would invest a few hundred in a consultation with an attorney to review the documents (they have to be read to guide you here) and send a strongly worded letter on your behalf.  In the meantime I would yourself write a letter advising them of their breach and that their actions give rise to an interference of business claim for which you hope that they are insured.  Send the letter by certified mail.  Demand that the site be put back up.  Think about mediation or an amicable resolution.  Good luck.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no template for what you propose, but you can easily draft it yourself. Simply be certain to include in the letter language to the effect that you believe that he owes you however much money, for whatever reason, and that your payment does not represent a waiver of any claims which you may have.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption