Obligated to Pay This Guy?

Discussion in 'General Chat' started by JABacchetta, Jul 21, 2008.

  1. #1
    I need a few opinions on an issue that I'm having with a designer.

    I hired this guy to re-design my website over 3 MONTHS ago. I paid him 50% up front, and the deal was to pay him the rest after half of the design was complete (both a main page, and an inner article page). He told me he would send me a mock-up after one week. That week came and went, as did about a dozen of his own deadlines. Still nothing.

    Now I had (have?) trust in this guy because he created a quality new logo for me, and delivered on time for the most part (a day or two late maybe). Which is why I hired him to do the website.

    After about two months, I started getting on him about needing something soon. At 3 months, I told him I would be hiring another designer if he didn't send me something within the week. Finally, over 3 months later after I paid him, he sent me a design that

    a) was only about 60% complete
    b) very simple design (I'm sure another designer could do it in a day)
    c) needed many revisions (he didn't include anything I asked for)

    So, at this point I felt like the time has passed for being civil about it. I hired another designer to do the inner article page (Davey from Digital Point forums btw). He sent me the design after a few days, and it looks damn good.

    All I asked of the original designer, was to make revisions to the main page, and I told him I had another designer working on the inner article page. He informed me the revisions would be done in a week. It's now been two weeks, and nothing (surprise?).

    Now I receive an email from this guy (the original designer) asking for the rest of his payment because his internet went out, and he needs money to get it back up.

    I guess I felt like there was an agreement that didn't need to be said. That I waited 3 months for an incomplete simple design, and had to hire another designer to finish the work that you couldn't. Therefore, I don't plan on paying you the rest of the money. Finish the main page, and we'll call it even for the 50% I sent already.

    Apparently, he didn't have the same thing in mind, because he obviously feels that I owe him the remaining 50%. Heck, I was ready to request that he send the first payment back to me.

    So, basically, my question is, am I obligated to pay this guy the rest of his money? Part of me feels guilty for not paying him the rest (maybe I'm just too nice). The other part of me, wants to reply back to him telling him to f*ck off.
     
    JABacchetta, Jul 21, 2008 IP
  2. frugalwench

    frugalwench Peon

    Messages:
    192
    Likes Received:
    5
    Best Answers:
    0
    Trophy Points:
    0
    #2
    If it was in writing, it needed to be amended in writing, not verbally. If it's not in writing, tell him that you contracted with him for two pages, had to hire someone else to do the second page, which was half the project. So now, the 50% you paid him is just for the main page, and he's paid in full, and still doesn't have the project done. Tell him if he doesn't want to get sued for breach of contract, he needs to get that page done anyway he can.
     
    frugalwench, Jul 21, 2008 IP
  3. desilator

    desilator Peon

    Messages:
    2,220
    Likes Received:
    49
    Best Answers:
    0
    Trophy Points:
    0
    #3
    I wouldnt pay him another dollar. Pay him for the work that was completed up to par and thats the end of the discussion.
     
    desilator, Jul 21, 2008 IP
  4. GRIM

    GRIM Prominent Member

    Messages:
    12,638
    Likes Received:
    733
    Best Answers:
    0
    Trophy Points:
    360
    #4
    I wouldn't pay him a dime, I would also demand the entire amount back myself.
     
    GRIM, Jul 21, 2008 IP
  5. alinaseductive

    alinaseductive Guest

    Messages:
    120
    Likes Received:
    2
    Best Answers:
    0
    Trophy Points:
    0
    #5
    yeah, my opinion is to get your deposit back and supposedly you can sue him for not delivering the material within the promised time frame.
    btw, this can be done if you guys signed a proper documentations
     
    alinaseductive, Jul 21, 2008 IP
  6. Rohit patel

    Rohit patel Prominent Member

    Messages:
    15,770
    Likes Received:
    735
    Best Answers:
    0
    Trophy Points:
    310
    #6
    Well You don't need to send money since he didn't provide the service which you want on time, I would also Suggest to take entire amount back which you paid him.
     
    Rohit patel, Jul 21, 2008 IP
  7. chandan123

    chandan123 Prominent Member

    Messages:
    11,586
    Likes Received:
    578
    Best Answers:
    0
    Trophy Points:
    360
    #7
    dont pay but ask a refund
     
    chandan123, Jul 21, 2008 IP
  8. Nintendo

    Nintendo ♬ King of da Wackos ♬

    Messages:
    12,890
    Likes Received:
    1,064
    Best Answers:
    0
    Trophy Points:
    430
    #8
    All you did was make yourself get screwed even more by paying him for not even doing it. You basically scammed yourself on the second payment. Any normal, intelligent webmaster, after even just a month, would dump the guy and find some one else to do the work. Too nice to scammers = Every scammer on the planet would love to contact you!!!

    Say you have a huge leak in your bathroom. Would you wait three months before hunting for another plummer to do the work if the first one kept saying he would get it done but doesn't?? It sure looks like you would. :eek:
     
    Nintendo, Jul 21, 2008 IP
  9. kristine anne

    kristine anne Banned

    Messages:
    99
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #9
    same here :D
     
    kristine anne, Jul 22, 2008 IP
  10. ThisIsOli

    ThisIsOli Active Member

    Messages:
    540
    Likes Received:
    6
    Best Answers:
    0
    Trophy Points:
    58
    #10
    Ask for a refund, you have paid for a product that has not been received. He is liable for not completing work, not you.
     
    ThisIsOli, Jul 22, 2008 IP
  11. Tray

    Tray Peon

    Messages:
    108
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #11
    He missed everyone of his deadlines forcing you to employ someone else. You don't owe him a thing and I agree with the others; you should ask for a refund. Although, unless you used PayPal, I doubt you'll ever see your initial deposit again. Sorry. :(
     
    Tray, Jul 22, 2008 IP
  12. proxywhereabouts

    proxywhereabouts Notable Member

    Messages:
    4,027
    Likes Received:
    110
    Best Answers:
    0
    Trophy Points:
    200
    #12
    This happened to me before.
    TWICE!

    So, after that incident, I would rather not pay upfront. I will pay phase by phase.
    Phase 1 completed, pay the partial amount and ask the designer to hand over the design.
    continue with phase 2, repeat until the design finished.

    I even being called unethical to do this but I care less about that since it involve a lot of money to get things done.
     
    proxywhereabouts, Jul 22, 2008 IP
  13. GRIM

    GRIM Prominent Member

    Messages:
    12,638
    Likes Received:
    733
    Best Answers:
    0
    Trophy Points:
    360
    #13
    ?

    If he used Pay Pal he can kiss the amount good bye.
     
    GRIM, Jul 22, 2008 IP
  14. real_skinner

    real_skinner Notable Member

    Messages:
    2,400
    Likes Received:
    61
    Best Answers:
    0
    Trophy Points:
    215
    #14
    Don't pay him. He doesn't deserve to get paid. If I am that guy who screwed you lots of deadline because of some reasons I will still finish the job but won't ask for any payment in return it's my way of saying sorry for the hassle and the time wasted by my client.
     
    real_skinner, Jul 22, 2008 IP
  15. Tetsu815

    Tetsu815 Peon

    Messages:
    25
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #15
    this guy is obviously taking your money and not returning anything to you
    i mean c'mon, would it really take you 3 months to finish a website?

    you should demand a refund for uncompleted work
     
    Tetsu815, Jul 22, 2008 IP
  16. GrandCanyon

    GrandCanyon Banned

    Messages:
    132
    Likes Received:
    3
    Best Answers:
    0
    Trophy Points:
    0
    #16
    tell him to f*ck off
     
    GrandCanyon, Jul 22, 2008 IP
  17. Tray

    Tray Peon

    Messages:
    108
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #17
    Actually, I've been in similar circumstances twice before and PayPal got my money back both times.
     
    Tray, Jul 22, 2008 IP
  18. levampire

    levampire Active Member

    Messages:
    2,463
    Likes Received:
    55
    Best Answers:
    0
    Trophy Points:
    90
    #18
    He has already paid him :(

    Anyway, I would have asked for a refund

    and when get my money back .. I'll pay him some bux for his work :)

    Thx, LeVampire
     
    levampire, Jul 22, 2008 IP