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Not very nice

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S

SawMeComing

Guest
I recently contracted with a company to develop software. They included on the contract expectations and a not to exceed for 5K. Other than pressuring me to stay at their location for an extended two weeks they said, and told 3rd parties, they were happy with the work. They prepared another contract, including delivery expectations, and a not to exceed of 6K. I missed a delivery date due to changing requirements and inaccurate information they had provided to me. Then they insisted I travel to be on location in spite of the fact they were not setup for development and didn’t own the licenses required. I explained that it would be more cost effective to let me complete at my office and slip the schedule from Wed to the next Monday. They wouldn’t listen and insisted that I travel to their site. I packed an overnight case and went. I spent the next two excruciating weeks trying to achieve the impossible. I bought clothes, I bought luggage, I worked a lot. After spending $200 in cab fares I asked if I could rent a car and they told me to get an economy. I communicated the tail spin frequently and finally they asked me to return home and give them new schedule. I wasn’t ticketed to come back home, but another location (due to their earlier extensions) but I agreed. I returned with the project in worse shape than when I left. I re-scheduled the date and I delivered the pieces. To my knowledge they didn’t even review what was sent, they canceled the review meeting (without my input), and told the developer I was working with to have me send all my materials no matter what shape. Prior to that date, I had asked to review my contract & payment schedule multiple times. Each time there was no reply or they delayed. They made one partial payment on the hours accrued and expenses on the 2nd contract (40%). By coincidence the code delivery date was the final day of the contract. I asked again on the day of code delivery about the contract. The total amount invoiced at that time was 11.4. There were additional expenses (from the hell weeks) and hours I hadn’t invoiced yet. They called me and said they’d pay me 4K. I could either walk away with that or return to their site and get the system running to their “acceptance”. Then they’d pay me 7.4. I would have to eat the outstanding hours, expenses (such as that economy rental car), and additional hours/expenses for meeting that goal. When they first talked to me that I told them I would be willing to come out there for installation and I’d warrant the code for four weeks (fix defects) if they’d pay everything that was owed. After that discussion they faxed me a contract and included that tidbit for acceptance. They apparently ignored my offer. Now they want me to sign the agreement before they cut the 4K check.. I don’t know what I should do. What’s my best course of action?
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

In legalese, what they are trying to do is called "BAD FAITH".

Plain and simple, you relied on their information. take it out of the contract. sue them for what you earn hourly (will probably add up to more than in the contract) plus all your reliance damages (clothes, cab fare, food, travel).

If this adds up to more than what you were originally expecting, sue them for this. if not, then sue on the original amount of the contract.

They cannot mess with you this way..I am tired of big companies who do this. They cannot stand competent people and feel threatened because of your competency.

Take the whole pot of gold I say! Hope this helps.
 

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