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Evgeny Makov2018-07-16 22:56:08
Law in IT
Evgeny Makov, 2018-07-16 22:56:08

Performed work under a contract, the customer claims that the site does not work according to him and requires endless edits, what to do?

Signed an employment contract with a murky company, somehow connected with Gazprom, to create a website-shop, completed most of the work on time, a small part remained unfinished. The payment was set at 60k. Technologies - Laravel + Vue.js. I took money for 10k less than prescribed in the contract and left for another job, because the amount of payment under the contract already at that time, according to the daily Wishlist of the customer and his technical director, every day began to become rather meager and more and more work was invented not prescribed in the TOR every day.
The TK is attached to the contract literally from 5 lines , one of which includes "administration of sections".
As it turned out later, they wanted a mini-Bitrix for themselves, where every line of text on the site is administered. By section administration, I understood the creation of a backend admin panel with a CRUD model and made it in each section (for example, Licenses, Reviews, etc.) and limited myself to this (this is in addition to the full functionality of the store - a basket, goods, ordering, etc. .p.) The term of work was prescribed 30 days. (For CRUD - this is enough and I agreed, for a self-written CMS, at least half a year is needed in my opinion)
After payment, we parted and I promised to help them with redesign and layout if necessary. Didn't sign the deed. After 1.5 months, this customer comes up and begins to threaten the court, sends an A4 page of edits, with insane deadlines, and the customer is completely incompetent and far from web development, to my reasonable arguments that the deadlines are absurd, even if I had time (very busy already in another project at an 8-hour day job + a small child) goes ahead and says - 3 days term and other absurd things and actively threatens me with a court.
How to deal with all this, what will happen if I ignore it, will the Russian court examine the 5-line technical specification attached to the contract act and who can help me with this, I am legally illiterate.

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8 answer(s)
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Pavel, 2018-07-17
@ezhmkv

If it was indeed a row, then it is important to note a few things.
1. The absence of a technical task means the absence of the subject of the contract, and as a result, the court may recognize the contract as not concluded, and the money you received as unjust enrichment.
2. But. If you corresponded from official addresses and the customer nevertheless accepted these works and wrote that “ok, we disagree on such conditions”, then it is quite possible to prove that the subject was agreed upon and the terms of payment were changed (or innovation, i.e. change subject or method of performance of an obligation). Because not everything has to be signed and sealed on one piece of paper. For you, this will mean both the successful delivery of work and the impossibility of filing claims, because most likely the customer did not meet the deadlines for filing claims after such delivery.
3. In the case of a court, all the costs of examinations (it can be assigned easily if it is not clear whether the work you performed has consumer value for the customer) will be on you, because while it will be an easy process for the customer - there are no papers, no work no, it means you didn't earn that money. You have to defend yourself. Of course, in the event of a successful outcome for you, all these expenses will be reimbursed to you.
Total: only a lawyer, adequate, who will be able to understand the essence of the issue and involve the correspondence of the parties in the case.

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awesomer, 2018-07-16
@awesomer

The customer does not have to navigate web technologies.
You were hired only because you are the specialist in them , and not the customer.
Your jamb number 1: did not clarify the details with the client, but already started.
In fact, you did not do work for them, but work for yourself , for those technologies that are of interest to you personally. And for some unknown reason, they hoped that it would work.
But even this could have been sorted out if it weren’t for your second jamb:
Your jamb No. 2: when you received the first high expectations of the client, you should have immediately started to sort it out, and not leave with promises to help them with layout, etc. Thus, you showed them that they can put pressure on you that you feel wrong.

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Alex-1917, 2018-07-17
@alex-1917

Signed an employment contract

It's nothing.
There must also be signed Certificates of Completion or something like that. Although it is possible that this is spelled out and SIGNED right in the body of the contract.
You spread the information in pieces and hope for Vanga, but she died a long time ago !!!

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GavriKos, 2018-07-16
@GavriKos

I am legally illiterate

Then a simple advice - hire a lawyer . Quite possibly a lawyer.
It should be understood which documents were signed and their contents. Everything else - "in words" and so on - cannot be sewn into the case. Based on these documents, we must think about what will happen next.
The court, of course, will not understand 5 lines - this will be done by an examination. And the court will be guided only by pieces of paper with signatures and their contents. If the content is clearly against you - well, think about how to get out.
PS By the way, a little hint. The court, examinations and all this is first paid by the plaintiff. Sometimes these costs can be much more than the benefits of the case won - and here you should estimate the likelihood of a bluff. But if you miss and lose the case, you will reimburse everything yourself.

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m0nym, 2018-07-23
@m0nym

Signed an employment contract with a murky company, somehow connected with Gazprom

That is unlikely. There, without competition, you can not hire performers.
What is stopping you from completing this small part.
It's definitely not Gazprom. If it's not in dollars
Technologies - Laravel + Vue.js. Took money for 10k less than prescribed in the contract and left for another job
That is, they threw the customer with a half-baked project.
If you are a freelancer, then everything is your job: both the technical part of the task and coordination with the customer.
If you don't like it, go work for your uncle, he has managers, they sort everything out.
To the contract is attached TK literally from 5 lines, one of which includes "administration of sections".
As it turned out later, they wanted a mini-Bitrix for themselves, where every line of text on the site is administered.

Little did they want.
It is quite possible to interpret it the way you wanted.
30 days for a custom project
Yes, you are an idealist, my friend.
It's clear about the timing.
The owner put pressure on the customer, who asked - where are my grandmothers.
If the term is specified in the contract, then it is by no means insane. Everything according to the letter of the contract, right?
Well, that's why he hired you - that you are the specialist in this, and not him.
If the customer would be more competent than you, then you would hire his sites to do.
And he does it right.
You yourself agreed to do the work for a certain time and in a certain money.
The fact that these are unrealistic terms and unrealistic money is your problem.
So, get in touch with a professional lawyer.
The court will deal with the material that is available.

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aderes, 2018-07-17
@de-iure

Somehow you described everything crookedly ... so you won’t get a normal answer ...
1) what contract did you sign? (labor, work contract, etc.), it’s better to post a scan ... it depends on how you can terminate it ...
2) read the liability section in the contract, and about termination and unilateral withdrawal from the contract ...
3) if the customer threatens with a court ... it will be difficult to implement, first of all, for the customer, because in order to prove something, a forensic examination will be needed and, as a rule, their cost is usually more than 60k, and therefore the economic feasibility of this event is a big question ...
4) do not be nervous, do not write tons of letters in response, proving that you are good ... otherwise it can be used against you, and collect all letters from the customer, this may come in handy later ...

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CityCat4, 2018-07-17
@CityCat4

To the contract is attached TK literally from 5 lines,

This is the first fundamental KOSYACHINA In the TOR for a third-party contractor, everything should be spelled out in detail to insanity - what is at the input, what is at the output, how the customer accepts the work and what is an indicator that the work has been completed in full.
This is the second fundamental mess. That is, the work is not done. Not finished = not completed, because the customer does not need a half-working site. The fact that you took less money there does not bother him at all. Job not done.
This is generally unforgivable MEGAKOSYAK You have shown that you will continue to work for free . So now they will put pressure on you.
What will happen now? There will be a trial :) And papers always "play" in court :) That is, they will look at the contract, technical specifications, your correspondence with the customer, if any. Words cannot be sewn to the point, but papers, whatever they may be, are very much so. The facts are not at all in your favor - they started work without understanding what actually needs to be done, to finish - they didn’t finish, but they took the money.
The court may well decide to return the money received or finish the work :)
Who can help? A lawyer, of course, who understands all this.
JFYI: Asking a customer to understand web development is like asking a blonde car buyer to know the basics of ICE :)

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