Re: Small Claim - how best to defend a counter claim?


"Advice Appreciated" <advice@xxxxxxxxxxxxxxx> wrote in message
news:5lhhurF81j2aU1@xxxxxxxxxxxxxxxxxxxxx
Thanks for you input - you make an excellent point, and one which I hadn't
previously considered.

The job entailed work on an e-commerce sit in respect of a proposed
business venture by the client. There is little doubt in my mind that he
began to have second thoughts about the viability of his idea but,

I would advise you to steer clear of that aspect at the hearing. It is of
course not your job to decide whether a client really wants something he has
ordered. However, if you became convinced that he was doing the wrong thing
and might back out of his committment to you it could lead to the question
as to why you didn't attempt to mitigate your liability by initiating a
frank discussion with him at an early stage. It is admittedly a somewhat
esoteric legal point but sometimes these small claims, which are very
informal affairs, hinge on perceptions.

rather
than tell me at an early stage (when we could have parted company
amicably) he continued to make demands and throw up various spurious
objections ( a particular field being 2 pixels larger than he required -
I kid you not!) and request enhancements, revisions, and product
inclusions that added hours of extra work (which were provided at no
cost)

When, despite his many delaying tactics, the site was finally completed,
tested, and ready for transfer to his own hosting company, he announced
that it did not meet his requirements and would not be paying for it.

What evidence has he submitted to support the allegation that it does not
meet his requirements?


He has stated that he will get the work done by someone else and has put
up a holding page to that effect on his site.

I suggest you make a copy of that to counter any suggestion that he changed
his mind about needing the work done.
--
Dave Baker - Puma Race Engines


.

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