It is hard to say without reading the contract, knowing all of the facts, knowing what is customary in the industry for such defects. One practical question is whether you own any property, real estate, stocks, large bank accounts, from which a judgment can be collected (you can have up to $50,000.00 in a house in SC that is exempt from execution on a judgment). If you have no assets, and judgment they get will be worthless. This can be enormous leverage in settling a suit. There are many other questions. Did you perform the contract, and are your errors acceptable in the industry? If so, they get nothing. Were the consequential damages they seek of the type that would have been within the contemplation of the parties (if so, why was the provision for free re-editing put in?)? there are arguments on both sides. Good luck.
Answered on Aug 28th, 2012 at 9:56 PM