Paid Website Designer inFull Job Not complete

[poohtraybuon]

I paid my website designer in full almost a year ago. The site is not complete and he never signed the contract I created. i have tried several times via phone and email to contact him and he has not replied. The last time I spoke with him was right before Easter. What are my options as far as a lawsuit?

 

[presutin]

Gather all the evidence you have to file a suit in small claims court. By evidence I mean contract, emails, phone records, affidavits of witnesses of this transaction and the like. Good Luck!

 

[poohtraybuon]

I have the contract I sent to him via email but he never signed it. Is that going to be good enough? Can I ask him for the website info so I can hire someone else or take him to court or will that be considered a threat?

 

[presutin]

Take the receipt of the payment you made in full to the court along with the contract and all the good stuff I previously mentioned and file a suit against him. This guy does not seem to have any intentions to finish the work even if you threaten him. Good Luck with your case!

 

[Michael Wechsler]

Presutin is right. The contract you sent is evidence of the oral agreement that was made. If the designer thinks that by not signing the contract there is no agreement, then he is sadly mistaken. The work he performed and any statements that agreed as to the work to be performed and the price act as proof that a "meeting of the minds" existed. Take it to court and sue for any damages you may have as a result of his breach of contract. I'm not sure if small claims will allow consequential damages but it's certainly worth a try. Good luck.