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Does a company have to inform of charges and get authorization before doing work?

Atlanta, GA |

I have a website and my programmer needed to upload changes. My hosting company denied them access and said if they would send the files they would upload them. I was never informed they would charge for this and I would NEVER have authorized them to do the work for a fee.

After several months, we had many problems and the files were never uploaded properly. I had to move my website to another company where my programmer had full access. They sent me a bill for uploaded the files at over 5 hours of time.

Again, they did not say they would charge and I did not authorize the work for a fee. If they would have uploaded properly it should have taken an hour or less. There is not contract and I have an email that states:

To my programmer:

I have left you a message this morning. Please let me know what changes you plan to make with PHP and we will do that for you. We do not provide the traditional Control Panel that you may be accustomed to.

Thank you for any insight.

Attorney Answers 1


Wihtout more information, this is a tough question to answer. However, with that limitation, it is likely that you have some contract with the hosting company. It might just be listed on the website or you approved it when ordering services. That would generally control the issues. That said, even if there is not a written contract, the Georgia law provides a claim for work performed, with apparent authority to do so, for the value of the services received. It is called a contract alternative and is based on what is fair, or equity. If there really was no value at all (in this case you said it was never done or done incorrectly), then there would be no real value of services you allegedly received. The cases would likely be determined based on facts surrounding these points. Hope this helps.

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