App Developer Breach of Contract

[jsa986]

Hi All

 

In June of this year i approached a software developer to produce an iPhone app for me.

 

We had a couple of web meetings and a price was agreed and i was informed that they estimated it would be competed and on the app store mid august. We are now in november and my app is still not complete. More than seven deadlines for completion have been missed. Moreover the actual BETA (test) app they delivered earlier this month, crashed and was not to spec even basic spelling was not correct. I since found they are farming out the coding to India I have paid 50% of the cost of the app upfront.

 

It was made clear to them that a competitor was developing a similar app when they found out about mine was in development, theres was out in August. Suffice to say i have lost a huge amount of potential customers who have used my competitors app and i cant get the developers to finish my project. In summary I have paid a thousand pounds up front for a app that was expected in August and have nothing to show for it.

 

What would your advise be for my next step, when I challenged them on the delays i keep getting fobbed off with "thats the nature of app development" Can i request my original money back as app is not fit for purpose and breach of contract for timescale? Do i have to give them a timescale first to put the app right? bearing in mind its three months late.

 

Any commets gratefully received

[slick132]

Hi jsa,

 

When your price was agreed, was anything set out in a contract, or at least in writing, about the timescale for delivery.

 

[jsa986]

I paid an app development company to produce an app for me. Cost just under 6k. We agreed a timescale of two weeks in writing, two months later they still hadn't produced my app. When I finally got the app, there was a problem with the Dropbox framework not working with the latest iOS version, on eof the buttons didn't work, and Apple rejected it saying part of it had not been implemented within there guidelines. I have paid all the money. Now they wont answer my emails asking then to put it right. They are a uk firm about 20 mins away form me, LTD company with assets and cash in the bank according to my company check.

 

What are consumer rights for purpose made software?

 

Do I have any legal rights for breach of contract because of the agreed timescale being broken?

[42man]

Write a letter before action asking them to remedy...(was there any type of spec or contract ?) If they fail to do so then take them to court.

[jsa986]

Yes spec and time scale was agreed in writing.

[assisted blonde]

LBA then take them to court for breach of contract

[jsa986]

Thanks for the advice guys. As they have produced the app, do I sue for a percentage of the money paid as they have doen work even though out of the agreed timescales and doesn't work properly or for full amount in your opinons.

[Kraken1]

either a full refund (if it completely useless) or the cost of fixing it, of this is possible. I'm assuming the latter is probably most likely.