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)?
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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