Access development gone wrong

  • Thread starter Thread starter OceanView
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OceanView

Hi folks,
Didn't get any response under a different heading in three separate
forums, so...

Here's what happened. Desperate for work, last summer a friend of a
friend had some work he needed done. I had to learn Access, but it
looked fairly simple, so we didn't sign any legal agreement, kept
it casual. As it moved on, it became more involved, he threw a
little cash at me, mot much, but just a little good faith money
(less than a week's salary at my former job). At that point, about
4 months (part-time) into it, I suggested we should come up with a
legal agreement BEFORE we try to sell it. He kept avoiding the
issue, saying things like , "we have to sit down and work this
stuff out." Of course, it never happened.

But as this began to get more involved, more complicated, he kept
coming back at me saying, "Oh we're so close, it just needs bla,
bla, and the we're done." (Trouble is, it's never done and I never
see the money.)

Long story short: It's 9 months later, I still don't have any
agreement, I've put probably 750 hours into this, I have NO idea
who he's given it to, sold it to and I've still not been paid.
Though I don't want to destroy the friendship with the friend who
referred me, I'm so pissed that I have to do something.

Should I:
1. Sue for payment, even though there's no "paper" between us that
proves any contract. (And I'm dead broke since I haven't had any
"real" work in more than two years, so hiring a lawyer probably not
an option)
2. Market the software on my own. It 's a niche market for sure,
but even 10-15 sales would recoop my costs.
3. Employ a scorched-earth policy and mail a free copy to ALL his
potential clients (if all else fails, I will)
4. Chalk it up to "lessons learned when you don't do the legal work
and let a sleazebag walk all over you."

Extremely exasperated! Your thoughts appreciated.
 
I can't give you legal advice, but just looking back, you'll probably agree
that you should have done _something_ long before investing 750 hours in the
project.

I'd say, in my area, that $50 / hour is about an average rate for a
competent Access developer. That would amount to $37,500, a bit less perhaps
since you were a relative beginner at the start, and that would be too much
for me to risk "on spec".

The best advice that I can give you now is to find yourself an attorney who
specializes in business and contract issues and seek some legal advice. At
least two of the options you list, it seems to me, might expose _you_ to
legal action. Wouldn't it be awful to lose your work and also have a
judgement, or worse, criminal charges against you?

Find yourself an attorney and get some good legal advice.

Larry Linson
 
I can't give you legal advice, but just looking back, you'll
probably agree that you should have done _something_ long before
investing 750 hours in the project.

I'd say, in my area, that $50 / hour is about an average rate
for a competent Access developer. That would amount to $37,500,
a bit less perhaps since you were a relative beginner at the
start, and that would be too much for me to risk "on spec".

The best advice that I can give you now is to find yourself an
attorney who specializes in business and contract issues and
seek some legal advice. At least two of the options you list, it
seems to me, might expose _you_ to legal action. Wouldn't it be
awful to lose your work and also have a judgement, or worse,
criminal charges against you?

Find yourself an attorney and get some good legal advice.

Larry Linson
Click to expand...

Thanks, Larry

I don't think marketing it on my own would subject me to lawsuit,
but if so I would countersue. His falure to sign a legal agreement
works both ways: I consider it my work, largely unpaid for. Number
3 is unlikely, though I woud *like* to.

I actually did give up on this project on two separate occasions,
but a good con artists can convince you that payment is imminent.
I used to think I was way too smart to get taken in by a con man,
but I've learned a lesson. Sort of like the frog in the pot of
water. Drop him in a hot pot, he jumps out. Drop him in a cold pot
and turn the heat up slowly, he cooks.
 
Generally speaking in these things, one party should give the other fair
warning before escalation.
Whatever you decide to do, before you do anything drastic, you probably
should (carefully) state your concerns/dispute in writing and give it to the
other side.
There's some legal stuff in terms of "not planting landmines", "good faith
attempts to resolve disputes before court action", and other such BS.

It's too late now, but you should have kept control of the source code until
payment and agreement was reached.
 
Generally speaking in these things, one party should give the
other fair warning before escalation.
Whatever you decide to do, before you do anything drastic, you
probably should (carefully) state your concerns/dispute in
writing and give it to the other side.
There's some legal stuff in terms of "not planting landmines",
"good faith attempts to resolve disputes before court action",
and other such BS.

It's too late now, but you should have kept control of the
source code until payment and agreement was reached.
Click to expand...

Thanks, good advice. I actually would have withheld the source
code if it was a standard business relationship, but I was lead to
believe we were all one big happy family and I guess I was blinded
by (a) deperation and (b) visions of being a partner in a
successful software company. (He also misled me into believing he
was a sole proprietor until his Business partner showed up one day
about three months into the project.)

The major lesson I've learned is "GET IT IN WRITING" even if it's
just an agreement with your best friend to cut his hedges.
 
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