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Software work done - no contract-no pay?

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cmendesz

Junior Member
What is the name of your state? VA
I recently did freelance software development work for a company without a contract. I let the company know of my hourly fees but gave them an estimate for the work they wanted (as a project) in an email. The estimate was to implement their products into an off the self program. Soon after the start of the project they decided that they wanted custom changes. I believed that they misunderstood that the estimate didn't cover custom changes and agreed to an initial set of changes without a charge. I explained to them clearly that this was a 1 time curtsey and that there would be extra charges for changes thereafter. They agreed. Soon after, they asked for more changes. I told them that I would charge extra. We didn’t discuss the amount but I told him that they were major changes. They said "Do whatever it takes to get it done." and thanked me for my cooperation. After implementing the changes, an FYI I let them know how many extra hours/cost I've accumulated for this extra work (more than half of the original estimate). They got very upset and are now saying that the reason for the extra work was the initial quality of my work. I believe that they still don’t understand that my estimate was for the template that they chose. Prior to starting the project, in an email I clearly said "I would charge $$$ to implement your products into the template or your choice". I have already turned over the source files so they can get another person to work on it. I agreed to settle with them for part of the work completed. They declined. They said that they will only pay one third of my hourly rate because they think that I am over priced. They claim that I can’t sue them because we didn’t have a contract. Is this correct? Can they use my custom code even though I am not giving them my permission (i.e. if they use it without my consent isn’t it similar to theft)? Since they are not agreeing to the settlement I proposed, aren’t they firing me? If so, can I sue for them for the cost of the entire project (had it been completed)?
 
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JETX

Senior Member
cmendesz said:
We didn’t discuss the amount but I told him that they were major changes. They said "Do whatever it takes to get it done." and thanked me for my cooperation.
Here is where your mistake started (or continued). You should NEVER take on more work without being VERY clear in what the costs are going to be.... and that you expect to be paid.

After implementing the changes, an FYI I let them know how many extra hours/cost I've accumulated for this extra work (more than half of the original estimate). They got very upset and are now saying that the reason for the extra work was the initial quality of my work. I believe that they still don’t understand that my estimate was for the template that they chose. Prior to starting the project, in an email I clearly said "I would charge $$$ to implement your products into the template or your choice". I have already turned over the source files so they can get another person to work on it.
Second (or more) mistake. Do not deliver 'your product' without a clear invoice.

They claim that I can’t sue them because we didn’t have a contract. Is this correct?
Of course that is not correct. However, your failure to have a clear WRITTEN agreement as to your charges is going to make it much harder for you to present your case. Simply, you have allowed it to become a 'he said, he said' situation..... and since the burden of proof would be on you, have likely 'crippled' your chances.

Can they use my custom code even though I am not giving them my permission
(i.e. if they use it without my consent isn’t it similar to theft)?
Nope. You are the one who 'gave' it to them, so not like theft at all.

Since they are not agreeing to the settlement I proposed, aren’t they firing me?
Nope. They are just not paying you.

If so, can I sue for them for the cost of the entire project (had it been completed)?
You can sue them for whatever work you have actually completed at whatever rate they agreed to. You can't sue them for work you did not complete.
 

Maxthedog

Member
You should be able to get your normal hourly fees if you can show the judge the dates and times you worked for these people. If there is not anything in writing about your extra charge fees you will not be paid that. You just need to make sure your ducks are in a row when you go to court. Be able to show ANYTHING the judge asks for in court. Even bring in witnesses that can attest to ou woring for these people. Be smarter in the future.
 

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