App developer breached contract what should we do now?

[AppDeveloper15]

What is the name of your state (only U.S. law)?
California


We are developing an app and contracted a developer to build the app. We were supposed to have been done with the project in September and it is now February. We are going to take the developer to civil court for breach of contract, is there anything we should do on our end to protect our selves for the time being? We set a fixed price of $16,000 for the app to be developed. We paid in installments with the final amount to be paid when the services were completed. We have paid all but $500 of the total amount. Once we pay the final $500 are we messing up our chances at taking the developer to civil court for breach of contract?

 

[Zigner]

You are beyond the limits of small claims court in California. You would be wise to consult with an attorney who can review all of the facts.

With that said, why would you pay for something that's not done?

 

[AppDeveloper15]

What is the limit for small claims court?
I've read that it was around the 15-18k range?

And as for the payments, we established in the contract that we would pay in phases as the development took place.
We haven't completed the payments because of this incomplete work. Should we hold off the remaining balance so that the project isn't case closed? Does that affect anything in the legal process?

 

[single317dad]

What is the limit for small claims court?
I've read that it was around the 15-18k range?

http://www.dca.ca.gov/publications/small_claims/file.shtml

Small claims courts have an upper limit on the amount of money that a party can claim. You can sue for up to $7,500, if you are an individual or a sole proprietor. Corporations and other entities are limited to $5,000 and a party cannot file more than two claims in any court throughout the State during a calendar year. You are not permitted to divide a claim into two or more claims (called claim splitting) in order to fall within the monetary limit.

If your claim exceeds $2,500, you'll be asked to check the box on your claim form (Form SC-100) that states that you have not filed more than two actions for more than $2,500 during the calendar year. If you are a natural person (an individual), and therefore can ask for up to $7,500, you still may not file more than two small claims court actions for more than $2,500 during the calendar year.

If your claim is over the small claims monetary limit, you may file a case in the regular superior court, where you can either represent yourself or hire an attorney to represent you. Instead of doing that, you may choose to reduce the amount of your claim and waive (give up) the rest of the claim in order to stay within the small claims court's monetary limit on claims. Before reducing your claim, discuss your plans with a small claims adviser or an attorney. Once the dispute is heard and decided by the small claims court, your right to collect the amount that you waive will be lost forever.

 

[quincy]

What is the limit for small claims court?
I've read that it was around the 15-18k range?

And as for the payments, we established in the contract that we would pay in phases as the development took place.
We haven't completed the payments because of this incomplete work. Should we hold off the remaining balance so that the project isn't case closed? Does that affect anything in the legal process?

If you agreed under the terms of your contract to pay the developer in phases, and the final phase has not been completed, you are not obligated under the terms of your contract to pay for the final phase.

I suggest you have your contract reviewed by a professional in your area, to see if the contract addresses breaches in the agreement and how they need to be handled.

Good luck.



(this post is mostly to bump a spam thread from the main board)

 

[Zigner]

http://www.dca.ca.gov/publications/small_claims/file.shtml

Actually, in individual (in this instance) could sue for up to $10,000.00