Web developer held code hostage. I walked away, and now this person is threatening to sue me for nonpayment!

New York, NY Viewed 11 times. Posted about 1 month ago in Lawsuits / Disputes

Basically a web developer friend of mine accepted 50% upfront payment to complete database and software engineering work for one of my clients. We did not sign a formal agreement, but it was understood that the remaining 50% was due upon completion. Long story short, the developer became defensive & abusive when it became clear that this person could not satisfactorily complete the job. The developer turned on me, demanded partial payment prior to final delivery, or work would not continue. I did not pay, but the work continued as if no threat were made (this happened twice). I decided ultimately to walk away. I don't want any of the code that was developed. Now the developer is threatening to sue me (and my client) if I do not pay. Should I even respond to this threat, or remain silent?

Answers (1)

Kaiser Wahab

This attorney is licensed in New York and 1 other state. Posted 15 days ago.

Though the contract was not in writing, it might exist both as an oral agreement for services and given the nature of the industry (constant email communication) you would want to make sure that the contract was not concluded over email, which may be enforceable. You should do this before making (or not making) any response. If it appears that there might be evidence of a binding contract, then it might make sense to send a response letter detailing his non-performance and sub-par deliverables.

Also, even if a court determines there is no enforceable contract, they may allow recovery of monies on the basis of quantum meruit (i.e., recovery based on the value of the services or products being enjoyed by the other party).

You may wish to engage an attorney to help you on with this evaluation and the letter.

I hope this helps.

Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.

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