I own a small business and paid someone up front to build my website be they have not completed the work required?

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I own a small business and paid someone up front to build my website be they have not completed the work required?

It has been 6 months and I am losing money every day that I do not have a website. Isn’t this considered theft? What can I do? Suing him is an option although I know that I would not get anything from him.

Asked on December 23, 2013 under Business Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your situation with the website developer is not theft.  It is breach of contract.  You can sue the website developer for breach of contract.

Your damages (the amount of compensation you are seeking in your lawsuit) would be the contract price and costs you incur such as hiring someone else to complete the website or to start over with constructing your website. 

You said that you are "losing money every day that you don't have the website".  If you can document the lost income, you can include that in your damages for breach of contract.  If this is a new business, it may be difficult to prove lost income unless you can show the loss of particular customers.  If you have had an established business for sometime, it may be easier to prove lost income.  


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