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Seeking your legal opinion

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1 Seeking your legal opinion on Fri Mar 01, 2013 9:16 pm

serendipity


Arresto Menor
Hi there.

I'm new in the forum and wanted to ask your legal opinion about the following scenario:

1. Client hires a website design company.
2. Contract is signed to create a website in exchange for monetary payment.
3. 50% Downpayment is paid by client and received by website designer company.
4. Initial work is done with only 1/4 of the agreed output is finished but with designer incurring manpower cost
5. Website designer decides to terminate the project with only 25% progress.
6. Website designer wants to keep 70% of downpayment received.

Question: What is the legal recourse of the client given that he will need to hire another website designer and stands to lose 70% of the downpayment.



Last edited by serendipity on Fri Mar 01, 2013 9:29 pm; edited 1 time in total (Reason for editing : In order to clarify)

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2 Re: Seeking your legal opinion on Mon Mar 04, 2013 8:55 pm

tsi ming choi


Reclusion Perpetua
Demand for a specific performace(completion of the web design) and give the designer a fixed period(exact days/months) to finish the contract of service.

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3 Re: Seeking your legal opinion on Thu Mar 07, 2013 1:58 am

serendipity


Arresto Menor
Thank you for your reply.

When I discussed the issue with the web designer, he made it clear that he does not intend to continue the project because he is losing money (with the time spent on revisions). Is a demand for specific performance my only reasonable recourse? My concern is that given the designer has lost interest in the project, the quality of the website might suffer altogether. Would it be possible to have the downpayment returned so that I might hire another designer?

Second question: Having brought up the topic of specific performance, would it also be the only option for a magazine publisher whose advertiser refuses to pay the agreed and signed fees after the ad was released and published?

I hope you can elaborate on the available options (for both questions). I look forward to your reply. Thank you in advance.

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4 Re: Seeking your legal opinion on Thu Mar 07, 2013 3:58 pm

tsi ming choi


Reclusion Perpetua
Since the designer already made clear to you for his unwillingness to finish the design, then the remedy for specific performance is NO longer applicable.

At this point, the FAIR setup would be, to ask him for the return of your downpayment. To avoid unjust enrichment.

As to your 2nd question, the Demand for specific performance works in two ways, 1. To comply the undertaking(to finish the job) OR 2. To comply the terms agreed upon under the contract(payment of balances)

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