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Contract Dispute - Small Claims Court?

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L

lmoody

Guest
What is the name of your state? Texas

Greetings-

Here is my story, I'll try to keep it short. I'd like any advice you may have on whether or not I can take this case to small claims court.

I hired a web designing firm to develop a website for my company. I had specific requirements which I forwarded to the company prior to signing a contract. These requirements were outlined in a contract that was signed by both parties, and a down payment was made of $2600, with the remainder to be payable upon completion of the site. Also, there was no stipulation made in the initial contract for termination of the contract.

During the initial development stage, the company came up with a few concepts, all of which were poorly done, and did not conform to my requirements laid out prior to the contract. Communications were rough, and I never got to deal with persons one on one as promised. After I turned down a few concepts (that were very generic, one page concepts that used poor color scheming, poor graphic layout, and had a bad overall look), I was contacted by the company with a Release of Liability letter, stating that they can no longer do business with me, as I was too tough to work with. And they state that they did 2600 dollars worth of work so far, and want me to sign the contract in order to keep the work they've done so far, which is garbage.

I contacted the company stating that I want my deposit back so I can take my business elsewhere, they refuse, stating that the Database work, and the concept work has already exceeded my 2600 deposit, and that they can no longer work on my project since it is costing them too much.

I threatened to take the issue to small claims, after which the owner calls back and says that I have two options now:

1.) Sign the release, we go seperate ways, he keeps the 2600.
2.) Continue to have them work on the project, but it will cost more.

HELP!!

Signed,
lost
 


BL

Senior Member
And they state that they did 2600 dollars worth of work so far, and want me to sign the contract in order to keep the work they've done so far, which is garbage. [ quote ]

You said you already had a contract with them ( I presume signed ) w/ no clause about termination.

Anyone can file small claims if they believe they have been damaged monetarily .
Small claims filing fees a small around 10 - 20 dollars . If they are in your own area , you have nothing to lose except some time maybe .
When you file the small claim, make a written request to subpoena any and all work and records they have on the contract and involvement with you on this project.

Then it's up to the judge to decide if they fulfilled the contract or not .
 
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