[thelist] Legal thoughts

mike karthauser mikek at brightstorm.co.uk
Mon Dec 1 09:17:40 CST 2003

> Just musing. I've a client who wasn't paying and I've resigned from the
> project. There's no paperwork covering our contract.

I've had something similar to this this year.

> Am I in my rights to
> not assist the people who will take over the project, to withhold
> passwords and the like, until payment is received?

I would. Why give them your time or assistance if they can't be trusted to

I do state on my
> invoices that, basically, it isn't yours until you've paid for it.

Fair enough. Its not like you can get something for nothing so even if you
didn't state that, its pretty clear in uk law. If they paid and you didn't
supply is another thing.

> since it was a maintenance project, some of the site was there already, so
> I'd be withholding access to the whole site, not just to my work.

What are you with holding? Can the public see it or are you blocking the
client from accessing admin area for example?

>I'm assuming I can't take the site back to the point to which the client
>has paid.

Why not? If they don¹t want to pay you for what you added, take it away.

>And if I can do any of this, what might the client counter with I wonder?

Has the client refused payment due to any reason? If you have done what you
said and they don't pay, you are in the moral right and the law should be on

Give 'em hell. Or threaten with a suspension of their site. That worked for
Mike Karthauser 
Managing Director - Brightstorm Ltd

Email       >> mikek at brightstorm.co.uk
Web         >> http://www.brightstorm.co.uk
Tel         >> 0117 9426653 (office)
               07939 252144 (mobile)

Snailmail   >> Unit 8, 14 King Square,
               Bristol BS2 8JJ

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