I designed a site for a client. $300 down, $300 after the site was completed. Client gave me a list of changes he wanted done and gave me the last $300 and I got all the changes done except one small thing, nothing that would impact the site at all. Client decides he wants to start a partnership with me. We sign partnership agreement, in that agreement it says all changes to the site must be completed within 7 day. I get out of the partnership immediately. Dude gets pissed off... Starts sending me loads of changes he "needs done to the site" telling me how he paid me $600 and the site isnt how he wants it annd "doesnt work"... He agreed that we would use open source software for the back end and I originally showed him the software so he knew how it worked and he agreed. Now he is takign me to court because after paying me and me leaving the partnership, chnges he needed done were not done. He knew the first $300 was a non-refundable deposit and is suing me for $600... Questions: 1.) I'm 19, he is 30 and in the military, my word vs his, his word wins. Am I totally screwed? 2.) In the partnership it states "In exchange for his services, XXX Will receive a salary of xxx% of net profits every month for maintaining and updating the site within 7 days of written notice" -I assumed this meant in order to keep receiving my "salaray" I had to maintain the site in that time period, I didnt know that I could be sued over this? Am I correct in assuming that since I have never been paid any of the profits, he cant sue me for not meeting his deadline? 2.) In the partnership, it said he initially contributes $600 and i initially contribute $0. It also says that "ANY PRIOR AGREEMENTS, PROMISES, NEGOTIATIONS, OR REPRESENTATIONS NOT EEXPRESSLY SET FORTH IN THIS AGREEMENT ARE OF NO FORCE OR EFFECT". The partnership agreement is for the "web design and maintenance of xxxx site". What does this mean for me as far as prior negotiations for the site? 3.) Since we have a partnership agreement stating that the $600 is owned by both of us, is he fucked? Or am I going to get fucked? 4.) If he does win, is he going to be able to keep the site up? I believe he is doing this because it is a niche site and he thught he was going to make millions off of it. I think he now realises it may produce 100-200$ a year, and wants to recoup his loss by suing me. He also thinks he is going to keep the site up after suing me. Most of the changes he wanted after I gave my 30 days of wanting to get out of the partnership agreement were things that I could not change due to them being part of the Open Source Software he knew that I was going to use, and agreed in using the software I choose. This was also a week or 2 after being paid the last 300 and being told the changes that needed to be done, these changes related to the partnership and not the initial design of the site. If anyone is in law school or something maybe I can send you $50 for you to talk with me for an hour or something? Any help appreciated.
"I hired Mr. XXXX to make a website for me. We agreed upon $600. I paid Mr. XXXX 300 up front and agreed to pay him the other 300 upon completion. After most of the website was complete, I paid Mr. XXX the other $300 with the promise that all of the imperfection be fixed. We also signed an agreement stating he fix any problem with the website within 7 days of notification. Mr. XXX neither fixed the imperfections or complied with the agreement." First, he gave me a list of changes and all but 1 (adding the states to the frontpage, pm me for site url and explanation) were done. The imperfections etc etc he found were related to the open source backend the site uses, but the site functions. The agreement he speaks of is this partnership agreement which was signed 1 week after he paid me the last 300, and the changes/imperfections he is referring to are ones that he spammed me with after I gave my 30 days notice of leaving the partnership.. Thanks
He cannot say in the suit that the old contract is why he is sueing you for 600. His second contract negated the old contract. All he can do is disolve the contract, fire you for failure to perform. The guy is a moron. Stop panicing.
I think he is on very shaky ground. He basically drew up the partnership agreement as an attempt to hold you hostage to do more work that you were already paid for doing. If he sues you, it is going to be in Small Claims Court. Just go there and state your case.
P.S. I am not a lawyer. This is not legal advice. But really, I would go to court and watch the judge laugh at him for writing such a piss poor second contract.
Thanks guys I feel better now. I believe he decided to sue me after I wouldnt drive 3 hours to meet with his "new web designer" (who didnt know what an ftp client was), meet with the guy for an hour or 2, and drive 3 hours back.............for $50 fu*king dollars (360 miles, 15 miles to the gallon, gas at $2.50, I would loose $10 and 8 hours of my life). He pretty much threatened to sue me before this, saying i needed to call his new web designer and help him learn the site so he can fix it, and he would "release me from all obligation".... I would still like for someone to confirm that his "all prior agreements clause" would hold up.
Ya, the contract was def. an attempt at holding me hostage... The next day in my email, there were 5-6 changes he wanted done, after a week of receiving nothing from him..... Kind of glad I signed it though
The agreement you signed supercedes the previous arrangement, so he can't sue you over that. Unless there was a clause stating penalties for breach of contract, he has nothing. ^ Not a lawyer. EDIT: If you hadn't signed that agreement you would have been in breach of the first and would owe him $300.
Constable served the citation thing or whatever to me today... when i opened the door and a cop asked for me, i thought I had warrants for my arrest. scared me for a minute.
So you got served, and you're scared. Be calm. All will be well. Some ideas: 1. Get a law student or someone who does 'pro bono' work to represent you, or just get some qualified advice, as to the true merits of this case. 2. Calm down. This guy sounds like some other greedy life-sucking ignoramuses I've met. Wants the world on a stick for $600. We would call him a w*nker, in the UK. He can only really hurt you if you let him worry you. 3. Keep all documentation pertaining to the case, including emails. Print them out, and make copies. Put them in chronological order. 4. Write a short summary of your case (against him). Keep it simple, and as short as possible. Make copies. 5. Put tabs on all documents, so you can find one easily i.e. when you need to back up a point in court. 6. Don't enter into any further correspondence with this guy, unless supervised by a lawyer. 7. Present your case on the day. 8. Consider making a counter claim for your expenses for time and resources spent on preparing your case. Write these down. Make copies. I'm not a lawyer, and I'm bloody glad.
lol Don't fret. It's only $300. Don't go waste your money on a lawyer. Just show up on the court day and present your case.
If you can get someone to represent you pro bono (free) then by all means do. It certainly won't hurt, but I don't think that it will be necessary based on the details you've provided. Any competent judge would throw this suit out.
Get a haircut if you need one, shave, dress decent, suit not required, take all documents, disks, cds and copies of the same you have and appear in court. The copies are for the court. Be respectful to the judge and explain your side of the case. Under no circumstances lose your cool and and answer all questions from the judge politely and truthfully. I agree with others who have said that the second contract voids the first. Please let us know how this turns out. I think you are going to win.
Will let you guys know. I have medium/shaggy hair now but will but it within the next couple days so I look more mature, clean shaven face, etc etc. Are you saying take these documents with me to court before the case, or give to them the day of? Should be able to let you know the results within a couple weeks
You've had lots of good advice from forum members and I believe you'll win this hands down. Basically, you've not breached your contract and always acted in an open and fair manner, The dude suing you will be laughed out of court.