What is the name of your state (only U.S. law)? California
I have a contract for web design with a company. The company has proven to be incompetent and the project is over schedule by 7 months. Was supposed to be a 5month job, its now been a year . I am trying to get a refund however they are saying that the contract states if there is a cancelation in the contact they get their hourly rate for however many hours that have been spent so far. (basically a made up number) It also states "The parties further agree that the amount of the liquid damages established by this provision is a reasonable stimate under the circumstances existing on the date of execution of this agreement of what the developers damages would be in the event of a termination or default by client". The contract says " the client hereby engages the developer to provide develpment services and a work product as outlined in the proposal attached hereto as addendum 1. (whis states a timeframe for the project) So what i want to know is because of the amount of time that has passed with only 30% of the work completed is this a breach of contract on their part and should i get a full if any refund?
I have a contract for web design with a company. The company has proven to be incompetent and the project is over schedule by 7 months. Was supposed to be a 5month job, its now been a year . I am trying to get a refund however they are saying that the contract states if there is a cancelation in the contact they get their hourly rate for however many hours that have been spent so far. (basically a made up number) It also states "The parties further agree that the amount of the liquid damages established by this provision is a reasonable stimate under the circumstances existing on the date of execution of this agreement of what the developers damages would be in the event of a termination or default by client". The contract says " the client hereby engages the developer to provide develpment services and a work product as outlined in the proposal attached hereto as addendum 1. (whis states a timeframe for the project) So what i want to know is because of the amount of time that has passed with only 30% of the work completed is this a breach of contract on their part and should i get a full if any refund?