What is the name of your state (only U.S. law)? NJ/PA
My C corp is in NJ and the contractor (programmer) is in PA. We had a written contract saying that he would complete an app for a certain amount of money. The money would be paid 30/30/40 as progress was being made on the app. I paid the last 40% right after the first 60% was done, which was a mistake as it should have after everything was done but he wanted it then and I complied. Since then, no additional work has been done on the app and I have had close to zero contact with the developer, who keeps saying he'll have more time in the future to do it. It has been almost a year since the contract was first signed and it still isn't complete; the app should have taken half a year at most to complete. The developer is a college kid who wanted me to pay his dad so that it wouldn't look like he had income for his financial aid, so I'm not sure if that affects anything but the contract is with the kid. I made sure to put that payment to his dad was sufficient for payment to him on the contract. The father said he would finish the app since the kid is back in school now, but he hasn't done anything. Also, the kid took an internship in a different state, which affected his ability to complete the duties outlined in the contract.
Another thing to note is that the kid didn't have enough knowledge to complete the app, so he did go into the contract without the required skills to handle it. His father had to step in and do a lot of the work otherwise the app wouldn't even be at 60% complete. This is all documented in a repository where the father had to push code changes under his own name.
Unfortunately, I am also a college kid who doesn't have a lot of money, so I want to see what my options were. Would I be able to qualify for pro bono work by a lawyer? If not, how can I try to get my money back? What sort of evidence should I collect to strengthen my case? Where would I sue, in NJ or PA? How much am I entitled to, the 40% or more?
The whole thing is sad to me as I have been working with the entire family (mom, dad, and son) for the past year on a startup, but now I'm not sure what to think. That is why I originally paid it in full even though it wasn't complete, since I (thought) I knew them well enough.
My C corp is in NJ and the contractor (programmer) is in PA. We had a written contract saying that he would complete an app for a certain amount of money. The money would be paid 30/30/40 as progress was being made on the app. I paid the last 40% right after the first 60% was done, which was a mistake as it should have after everything was done but he wanted it then and I complied. Since then, no additional work has been done on the app and I have had close to zero contact with the developer, who keeps saying he'll have more time in the future to do it. It has been almost a year since the contract was first signed and it still isn't complete; the app should have taken half a year at most to complete. The developer is a college kid who wanted me to pay his dad so that it wouldn't look like he had income for his financial aid, so I'm not sure if that affects anything but the contract is with the kid. I made sure to put that payment to his dad was sufficient for payment to him on the contract. The father said he would finish the app since the kid is back in school now, but he hasn't done anything. Also, the kid took an internship in a different state, which affected his ability to complete the duties outlined in the contract.
Another thing to note is that the kid didn't have enough knowledge to complete the app, so he did go into the contract without the required skills to handle it. His father had to step in and do a lot of the work otherwise the app wouldn't even be at 60% complete. This is all documented in a repository where the father had to push code changes under his own name.
Unfortunately, I am also a college kid who doesn't have a lot of money, so I want to see what my options were. Would I be able to qualify for pro bono work by a lawyer? If not, how can I try to get my money back? What sort of evidence should I collect to strengthen my case? Where would I sue, in NJ or PA? How much am I entitled to, the 40% or more?
The whole thing is sad to me as I have been working with the entire family (mom, dad, and son) for the past year on a startup, but now I'm not sure what to think. That is why I originally paid it in full even though it wasn't complete, since I (thought) I knew them well enough.