Legal Question in Business Law in New York

A few years ago I was engaged in a transaction with a former friend of mine in which I paid him about $8000 to build a site (by check). I have a drafted contract by him, which he never signed. This was 1/3 the price of the full contract; however I have written evidence which explains his consent to proceed with the project. Long story short, he worked on it for a few months and then made promises to deliver the completed product, but never did.

Since then I have had to pay others to work on the site and it is still not complete to date and my funds have run out. At this time so I am seeking to recover anything I can from this original deal, if possible, to complete work on this site.

The last time I heard from him was in the 3rd quarter of last year when he said that he would provide a partial refund. I have all of this in writing by email. Since then he has ignored my contact with him. Is there any legal action I could take to recover any of my finds at this time? Could you help or possibly point me in the right direction?

Thanks,

Mike


Asked on 4/06/11, 3:52 pm

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

s a Franchise Attorney I recommend you repost your question with additional information. What do you mean by "build a site?" A website, or something real estate related or what? If real estate related, was the person you contracted with a licensed contractor? To even begin an answer, any attorney would need the above information at least. Also, the "drafted contract" needs to be examined as well as all written emails and other correspondence. You're best to consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

Read more
Answered on 4/06/11, 4:59 pm
Michael Markowitz Michael A. Markowitz, PC

As I understand your question, you paid your friend $8,000 which constitutes 1/3 amount of the total job ($24,000).

How much of the work did your friend perform? If he performed 1/3 of the work and then you retained another individual that performed (or would perform) the remaining 2/3 of the work for $16,000, then you would have no cause of action.

If your friend performed 1/3 of the work and you retained another individual that performed (or would perform) the remaining 2/3 of the work of for $25,000, then you would have a cause of action against your friend for $1,000.

If your friend performed no work (or no useful work), and you retained another individual that performed (or would perform) the entire job for $24,000, then your cause of action against your friend would be $8,000.

I think you get the idea.

Mike.

Read more
Answered on 4/07/11, 5:29 am


Related Questions & Answers

More Business Law questions and answers in New York