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Third Party Contracts and Web Designer's Liability

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webdesigner

Junior Member
What is the name of your state? Oregon

Hi All,

I have a question about web designers using third parties such as software developers. If I recommend a software developer and my client signs a contract directly with that software developer, am I still liable for the third party's actions? When I refer to 'actions' I'm not talking about anything malicious or intentional, just unforeseen circumstances that arose through customizing an existing shopping cart application. Truth be told, it did take quite a while to get the shopping cart application to work flawlessly, however making changes to any working application to fit customized needs would require time and testing. Can my client hold me responsible for the third party's actions or shortcomings? Especially since they signed the third party's contract and paid them directly?
 


divgradcurl

Senior Member
webdesigner said:
What is the name of your state? Oregon

Hi All,

I have a question about web designers using third parties such as software developers. If I recommend a software developer and my client signs a contract directly with that software developer, am I still liable for the third party's actions? When I refer to 'actions' I'm not talking about anything malicious or intentional, just unforeseen circumstances that arose through customizing an existing shopping cart application. Truth be told, it did take quite a while to get the shopping cart application to work flawlessly, however making changes to any working application to fit customized needs would require time and testing. Can my client hold me responsible for the third party's actions or shortcomings? Especially since they signed the third party's contract and paid them directly?
It would depend on the exact nature of the various contracts. Generally, however, if the client contracted directly with the software developers, any remedies they would have for problems that the software developers created would lie first with the software developers. However, you could still retain some liability, depending on the exact contracts and relationships involved.
 

webdesigner

Junior Member
Update: Third Party Contracts and Web Designer's Liability

Well, it appears as though my client will be using the angle of "YOUR RECOMMENDATION" to get out of paying me for the remaining balance on a web project I completed for them. I integrated a shopping cart application that they had approved and purchased directly through the third party company, but because I recommended the third party to the client, they are withholding a portion of the invoiced amount. I am VERY frustrated to say the least because I even extended a goodwill deduction to these folks as a token of "good will", but I guess that was not good enough as they also chose to short pay me by $400.00 above the goodwill deduction I extended to them for the issue resulting from the shopping cart application-- which I did not build, just recommended it because of their portfolio and the existing Fortune 500 companies who are had purchased the software. I am not partnered up with the third party software company, nor did I accept compensation for recommending them to my client. I will be pursuing the money through small claims court since the invoice was dated April 7, 2006 and received word from my client that they refuse to pay and they look forward to seeing me in court for this.

Anyone with past similar experience or helpful factual information would be so so great!

Thanks for listening!
 

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