QUESTION
What can I do to avoid lawsuits after terminating a contract and leaving some damages?
Asked on Feb 03rd, 2014 on Labor and Employment - Michigan
More details to this question:
I recently took on a client to build a basic website and to provide hosting for the year. I signed an agreement which was pretty straight forward and listed the scope of work which I could meet. Now they are wanting customizations to the website that are beyond the scope of the work and my skill set. They are becoming increasingly difficult to work with and have no idea what they want. I've designed a basic site and hosted it and am awaiting content (graphics, logo, verbiage) to input into the site. So I'm at a stopping point right now and awaiting their response. I have under two weeks to deliver the site and am concerned that I may not get it completed in time due to their excessive requirements and lack of communication. There is a termination clause in the contract that either party can terminate the agreement within a 60 day notice period. How would I do that if I cannot meet their requirements? The contract was for $1,000.00 of which they paid me $500.00 up front as a deposit. I'm to the point of frustration that I'd be happy to write them a check to refund the money they paid and provide them with the content I've developed. I'm concerned that they will come back and sue me for damages. What can I do to avoid a lawsuit much less them coming after me for damages that I cannot afford to pay. I can return the money but I don't have money to cover their attorney costs or damages. This seems like a civil matter, so what should I expect if they were to take me to court? Basically I would like to sever the contract, return the money, and part ways since it's very difficult to work with them.
3 ANSWERS
Your plan to return the money and terminate the contract makes sense depending on the terms of the contract. Contact an attorney to review your contract if needed.
Answered on Feb 07th, 2014 at 6:33 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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If your scope of work was correct and met deliver, keep the deposit for your work, meet, be honest and terminate the rest of the contract.
Answered on Feb 07th, 2014 at 6:32 AM
It is good that you admit your limitations, and are willing to refund the $500. I suggest that you tell them that you have fulfilled the terms of the contract, and they are wanting services both beyond the scope of the agreement and beyond your capabilities. Then suggest that they go elsewhere to complete the project. You could even do some research, and suggest your replacement. Perhaps give them the name of two or three Web-Masters that you have discussed this problem with. Once this is agreed, some how get them to admit that this is a full settlement. That could be as easy as e-mails, or it could be a formal "Release." This being said, I could not give you a reliable answer without reading the contract, and this is not my area of practice.
Answered on Feb 07th, 2014 at 6:32 AM