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Professions > Lawyers > can a client su...
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can a client sue if developed application has bugs (which we promised

by Richard <richard.pi@[EMAIL PROTECTED] > Aug 7, 2008 at 05:42 AM

Hi All,

I run a small web development company, we developed an application and
deployed on the clients' server. Now the client doesn't want to pay
the final invoice. When I called asking the client about not paid
invoice, they started to complain the system is flawed (during the
development process the client expressed that they're pleased).

I suggested I could take proceedings against them, they started to
threaten us that they will take us to court claiming the application
is insecure, flawed, etc. and claim even more money. We believe their
excuse is very lame. The application we developed perhaps has some
hidden bugs as all applications do and it's clearly stated it's a beta
version. The agreement also didn't put any stress on security (it's
not any application for a bank, etc)

In our agreement we stated all found bugs will be fixed within 60 days
from deployment. When they called me they couldn't specify what's
wrong apart from one bug, which I admit can be potentially risky. The
bug allowed to upload through 'browse' files such as php, but we said
we can fix it very quickly. Instead the client changed passwords on
their server.

More interesting thing is we noticed the client is using the
application and they update it further themselves. If it was so bad as
they claim they woud stop using it, wouldn't they?

Before I take them to court against not paid invoice I would like find
out if they have any chance winning their case if they decided to sue
us against flawed application. Can they win, because the application
had some hidden bugs (which we promised to fix, but we couldn't
because they changed passwords)?

I also would like to prove the application was deployed. The agreement
says they need to pay when the application is deployed. How can I
prove the application was live, just in case if they decided to put it
down before court case?

Thanks a million for your advice,

Best Regards,
Richard
 




 3 Posts in Topic:
can a client sue if developed application has bugs (which we pro
Richard <richard.pi@[E  2008-08-07 05:42:40 
Re: can a client sue if developed application has bugs (which we
"McGyver" <G  2008-08-07 12:07:43 
Re: can a client sue if developed application has bugs (which we
Richard <richard.pi@[E  2008-08-08 06:25:08 

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