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website design

  • 09-07-2012 7:08pm
    #1
    ouncer
    Closed Accounts Posts: 1,653 ✭✭✭


    Hi, I have an ongoing web design project with a web design house. I had a commitment from them in writing, that with an extra injection of cash, they would complete the design by December 2011. Then they had one crisis after another so after all this they had spent virtually no time on my design and all the cash injection had been used by the design company with all their other problems. So then 2012 came along and now they need new forms of revenue streams as my money has been spent so they say they will finish my project when they can. What is the best way to put them under pressure to finish the work. I have a written commitment that they would finish the project by December 2012 but I have given them leeway as I really want the project sorted. Now they hardly do any work on it. I guess the first thing I need to do is warn them of legal proceedings. Any advice would really be appreciated


Comments

  • #2
    source
    Registered Users, Registered Users 2 Posts: 5,288 ✭✭✭source


    ouncer wrote: »
    Hi, I have an ongoing web design project with a web design house. I had a commitment from them in writing, that with an extra injection of cash, they would complete the design by December 2011. Then they had one crisis after another so after all this they had spent virtually no time on my design and all the cash injection had been used by the design company with all their other problems. So then 2012 came along and now they need new forms of revenue streams as my money has been spent so they say they will finish my project when they can. What is the best way to put them under pressure to finish the work. I have a written commitment that they would finish the project by December 2012 but I have given them leeway as I really want the project sorted. Now they hardly do any work on it. I guess the first thing I need to do is warn them of legal proceedings. Any advice would really be appreciated

    Probably not the answer you want but get a solicitor, They took money off you made promises in writing and haven't kept them. You need to seek legal advice immediately.


  • #3
    ouncer
    Closed Accounts Posts: 1,653 ✭✭✭ouncer


    guess my point is do i need to give the company some amount of warnings before i deliver a legal letter to them?


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,494 ✭✭✭✭Victor


    ouncer wrote: »
    guess my point is do i need to give the company some amount of warnings before i deliver a legal letter to them?
    No. However, there may be practical advantages in doing this. The trick is to talk to the solicitor first, but don't say anything to the contractor.

    If you go legal, what is the risk of them going bust?

    Would it be worthwhile restructuring the deal, whereby you take on the website designer as an employee.


  • #5
    ouncer
    Closed Accounts Posts: 1,653 ✭✭✭ouncer


    victor, i have a well smart girlfriend who is a CFO who suggested as much. what you say is exactly my fear. they are a small company and i think they would not be able to manage the legal case. can you explain the proposal on how to take the designer on as an employee. i assume this would be a temporary accommodation?


  • #6
    Victor
    Registered Users, Registered Users 2 Posts: 78,494 ✭✭✭✭Victor


    Just how big is this website?

    First thing I would suggest is you get a solicitor who is up to date on intellectual property law.

    Get a copy of all the code that has been created to date and a licence for it and anything else you will need from that company.

    You would take the key people doing the work on your site on as direct employees, perhaps even giving them desks in your office. If necessary, you would pay their wages, which would need to be incentivised to stop make-work. Potentially, you employ an outside project manager. That way, at least you know the site is progressing. The big risk is that you would end up micro-managing and distracting them form their job.


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  • #7
    ouncer
    Closed Accounts Posts: 1,653 ✭✭✭ouncer


    website is tendering platform and in due course will compete against millstream for ownership of the government etenders site. as such the site is hugely complex. as for taking on employees my problem is that i have first invested the money in the development. i have had meetings with enterprise ireland and many others who will support the concept on completion but will not offer a penny in the interim. so i do not have any office space for employees, just a concept at the moment


  • #8
    krd
    Banned (with Prison Access) Posts: 3,455 ✭✭✭krd


    I think it may be a case that you've got yourself the wrong webdesigner, who may have bitten off more than they can chew.

    The skill level between designers varies hugely - some have different skills. Some can really do a lot and others can't.

    You may have found the wrong person. If I was looking to put together a tendering system, I wouldn't start from scratch. I'd search the web for similar systems - if I found something close to what I was looking for, I'd contact the design company. And for them it could just be a case of a modifying a framework they already have - so you could have a working proof of concept, within the space of a few weeks, that wouldn't break the bank. Then you could get your enterprise Ireland funding.


  • #9
    ouncer
    Closed Accounts Posts: 1,653 ✭✭✭ouncer


    having done web design myself i agree and disagree. i have tried to focus these folks on simply doing it page by page but no joy. however i do accept the point that one design company that has specific experience is better than the others.

    anyone got name of good lawyer who could deal with such a case that they would recommend?


  • #10
    krd
    Banned (with Prison Access) Posts: 3,455 ✭✭✭krd


    ouncer wrote: »
    having done web design myself i agree and disagree. i have tried to focus these folks on simply doing it page by page but no joy.

    Webdesign has changed a lot, even in recent years. Content Management Systems have become so good, you can get the kind of functionality quickly that would have cost a fortune and lots of time to do just a few years back.

    For something like a tendering system. It's Content Management System with some bespoke modifications. It's not really a page by page thing.
    however i do accept the point that one design company that has specific experience is better than the others.

    It's not just a webdesign thing. You always have to be careful with who you're dealing with. I wouldn't hand over any cash without clear milestones. If you get the feeling it's amateur night early on - it probably is.
    anyone got name of good lawyer who could deal with such a case that they would recommend?

    Your best bet would be to call a solicitor and have a chat. The most you might be able to get out of them is a threat that might put the wind up your designers. But if you're dealing with flakes, you're dealing with flakes.


  • #11
    ouncer
    Closed Accounts Posts: 1,653 ✭✭✭ouncer


    accept all points made krd. now i'm at the stage where i need legal advice i dont need to make another mistake on this choice. any advice from users on a good lawyer would be great


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  • #12
    krd
    Banned (with Prison Access) Posts: 3,455 ✭✭✭krd


    ouncer wrote: »
    accept all points made krd. now i'm at the stage where i need legal advice i dont need to make another mistake on this choice. any advice from users on a good lawyer would be great

    The forum charter is that no one can advise you on individual solicitors. The post will be removed.

    Your best bet, is the phone book. Call a few. You won't be charged for the initial call. They'll be able to tell you whether they'll be able to help you or not.


  • #13
    ouncer
    Closed Accounts Posts: 1,653 ✭✭✭ouncer


    not asking for individual solicitor. would just like members to advise on companies who have expertise in this area


  • #14
    krd
    Banned (with Prison Access) Posts: 3,455 ✭✭✭krd


    ouncer wrote: »
    not asking for individual solicitor. would just like members to advise on companies who have expertise in this area

    They're in the Yellow pages. Some have full page ads as regards what they do.

    But the most you might hope for is a scary letter, or phone call. That might work.

    You best first stop would be to call a local solicitor. They'll give you advice over the phone no one can give here.

    Businesses get burned all the time. But generally only go after people over large amounts of money, and when it's clear they may get something.

    Threatening a flake with the law may work.


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