Web designers screwed us over

[qubol]

Hey
I realise alot of this would be completely dependant on the exact nature of the contact with our designers - but basically my company commissioned an eCommerce website about a year ago - they where promised the earth, a fully functional eCommerce site to put online a few thousand products, manage payments and have basic CRM. 1 year and a considerable amount of money later I have been brought in to sort out this mess because the site isn't working. Its incredibly poorly designed - uses an access database (which according to microsoft isnt designed for this type of application) and I want to know if you have ever heard of anyone seeking legal redress because of the poor quality of their work considering what was commissioned?
Any help would be really appreciated
Cheers
Q

 

[andyy15]

Did your company first look at the web designers porfolio? If his work on your site is not comparable to the work in his portfolio then you may have a point. Also did he complete all of what you asked him to do? If he did not I would ask the web designer for money back. I have never head of anyone seeking legal redress for pool quality work but I have heard of people asking for their money back and getting it back. As for how to start over I recommend OScommerce which uses a mysql database. I have several stores with 1000 of products and OScommerce does the job. If you need more help on setting up a ecommerce store give me a pm.

 

[ApeXX]

I don't think you can sue him for the quality of his work, however you can ask for your money back. As long as he completed all of the requirements you asked him, then he technically completed the job I believe. Usually you pay the designer after you see his work, to help eliminate this problem.

 

[LeeRyder]

it depends on the "designers" locality I believe and that laws that will affect him.

In any case, most nations have laws protecting you, and anyone who hires a contractor to do work as requested. If that request is not met, im sure (with very few exceptions) you have recourse. (lawsuit would be costly and he would mostlikely just declare bankruptcy if the sum is high enough).

however, i would deffinately seek legal counsel on this. Make sure your "designer" knows that any attorney fee's incurred by you in your case will be transferred to him in the "grand total" if it is to escalate this far.

Hope it works out... and best of luck.

 

[Zeeble]

This is the same principal as paying someone to biuld your house, they build it and it looks great.....to begin with. Then 2 weeks later you notice cracks appearing in the walls...
That may technically be a job finished, but not to a satisfactory level, which is illegal.

 

[stscac]

This is the same principal as paying someone to biuld your house, they build it and it looks great.....to begin with. Then 2 weeks later you notice cracks appearing in the walls...
That may technically be a job finished, but not to a satisfactory level, which is illegal.

very true, but as stated before, a house being built by someone of the same general locale is more likely to be held responsible legally than someone halfway across the world, in another country, where laws are different.

If you really want your money back, ask for it. If you dont get it, you can promote them as a bad company, and will turn business away and keep people from running into the same problem as you have.

At least let others learn from your misfortune, although hard to bear initially

Best of luck trying to get a refund, hope it works out for you

-Steve

 

[labrocca]

This is the same principal as paying someone to biuld your house, they build it and it looks great.....to begin with. Then 2 weeks later you notice cracks appearing in the walls...
That may technically be a job finished, but not to a satisfactory level, which is illegal.

Technically this isn't true. It depends on the contract with the builder. If you did not have a guarantee on the work I think your legal argument is shady. He can say it's done...even though you don't like it or it doesn't satisfy you. If he says he is complete it may be. This may be a case of caveat emptor. I think most who hire out just have to be careful. This is why hiring those from certain countries for an enterprise level job is a bad idea. How much did you pay btw? Did you have a contract?

 

[mcfry]

Ok, all of the previous posters have the right idea, but this is how it works in real legal terms. There is something called Implied Warranty of Merchantability, which is an implicit agreement in all contracts unless explicitly voided. I believe this is true in all states.

Basically it's an implicit contractual clause, that unless waived, says that the "contracted for" good or service must be of adequate quality, and must conform to "promises of fact made on its container or label," or in your case, a Statement of Work which should have been prepared as part of your contractual agreement.

More info

If you can make a case that the site in fact fails to properly meet the construction guidlines that you established before letting the contractor begin working, then I think you'd have a fair chance at seeing some reparations. But, as in any legal conflict, I suggest that you seek professional counsel. Regardless, it's nice to know that the law generally gives favorably to the consumer.

Unfortunately these things just sometimes happen. Best of luck seeing this through, and make sure to let us all know how things turn out.



Best,
Ed

 

[dweeb]

touch luck man. you should have been cautious from the start.

 

[primacomputer]

This depends on what happened. You'd need to provide documentation and a complete break down of your side of the story in order to even begin to evaluate it. A lot depends on your spec. If the spec is solid and has not been followed then you likely have a good argument. It also depends on the contract.

I have run into similar situations, from both sides, so I understand that this can be a complicated situation. Some of the common trouble spots to look for:
Features promised verbally but never confirmed in writing
Changes to the original scope made by the client
Failure to meet payment schedule
Failure to meet delivery schedule


How does the web designer feel about this? I once worked on a large project, probably very similar to what you are trying to achieve. 3/4 the way through the client went insane and spent two weeks over making changes to a form he had originally approved. It killed the project because he wanted two weeks for work for free, and he refused to pay for this or make the final 75% payment. We kept the money new had and he didn't get the site. No one was happy. There are two sides to every stor

 

[qubol]

Hey guys thanks for your posts -
The site was done before I joined the company - Ive come and realised what a mess it is - cos my employers didnt realise how bad the site was - the site looks fairly professional but the point is the system is completely unsuitable for eCommerce use. the site is about a year old now and I think well have to get a new site its so poor - the developers/designers arnt a one man band but a fairly large company with some big name clients.
going to court is last option so I think a friendly solicitors letter outlining our position might see where everyone stands.

Thanks again
Q

 

[wchan]

Did you tell him what you wanted? You can't always assume a certain standard of service. I hope he didn't overpromise and underperform. Ask for your money back.

 

[nicholas]

Not a legal advice, this, but unless it is really obvious, 'quality' is a very subjective term that is very hard (at best) to quantify. Best way for any legal redress is to check with the lawyer, and also including the location of the designer. If he didn't meet your quality requirements, it may be a point for you to say so to whoever asks or even tell people about it if it really is a horrible job. But legal options might be a tad harder to come by.