How best to handle a potential lawsuit with a web developer that I have a contract with?
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How best to handle a potential lawsuit with a web developer that I have a contract with?
The final payment is due; the contractual terms are clear that he owes late penalties but he has taken down my site until he gets “full payment” without consideration of the contract. He knows I don’t have the money to fight this right now, so I would like to make payment and reserve my right to sue later. Is there a template for this letter? Is it legally legitimate if I write it myself? Can he refuse the payment if I try and reserve my right? Do I put the amounts I will be suing him for in the letter? Are there certain phrased or words that should be used?
Asked on September 2, 2012 under Business Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is a little difficult to follow what happened here but from what I can gather you have a contract with the web designer and they breached that contract in some way causing penaties that were built in to the agreement. That would be what? That they did not complete the work in the time specified? Now they are holding your site hostage until they receive final payment, correct? They may in fact be interferring with business here under the law in your state. I know that you do not have money for a full blown lawsuit right now but I would invest a few hundred in a consultation with an attorney to review the documents (they have to be read to guide you here) and send a strongly worded letter on your behalf. In the meantime I would yourself write a letter advising them of their breach and that their actions give rise to an interference of business claim for which you hope that they are insured. Send the letter by certified mail. Demand that the site be put back up. Think about mediation or an amicable resolution. Good luck.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is no template for what you propose, but you can easily draft it yourself. Simply be certain to include in the letter language to the effect that you believe that he owes you however much money, for whatever reason, and that your payment does not represent a waiver of any claims which you may have.
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