What to do if we signed a contract with a local software contractor to build a website for our new small business but he has failed to deliver?
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What to do if we signed a contract with a local software contractor to build a website for our new small business but he has failed to deliver?
He kept telling us he needed more money to provide a finished website. After $4500 we still do not have a website that functions as it should. We have exhausted all our capital and can’t afford lawyer’s fees.
Asked on February 26, 2013 under Business Law, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You can sue the contractor for breach of contract for not providing a functioning website. Your damages (the amount of compensation you are seeking in your lawsuit) would be the contract price or the amount you have paid. If you end up paying someone else to finish the website, that additional expense should be included in your damages.
Depending on the amount of your damages, you might be able to file your lawsuit for breach of contract in Small Claims Court. In addition to the above damages, your damages should also include the court filing fee and process server fee.
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