Legal Question in Business Law in Michigan

Hi I have a question. I had a website design contract with a client. I designed the site and he told me he didnt like it and requested a ton of changes that were outside scope so I told him those cant be done. He began to be disrespectful so i terminated the project immediately and left his website up so he can hire another developer. I even refunded him the deposit so we can go our separate ways. However he is now threatening to sue saying that the contract is breached, and that he's lost business. (its a brand new site so he hasnt lost any business). Do you think he has a case even though he didnt actually lose business?

Asked on 2/01/18, 8:48 am

2 Answers from Attorneys

Frank Natoli Natoli-Legal, LLC

It is possible that you breached, but as you point out that breach on its own may not have caused any actual damages making a lawsuit silly and pointless in context.

You can choose to do nothing and make him put his money where his mouth is, but there is no way to know whether a breach actually occurred without looking over the written contract and all the facts and circumstances.

If you need more clarification, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the NY section):

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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 2/01/18, 8:53 am
Brad Lambert Lambert & Lambert PLC

At best, he has a weak case. One of the key statements you make is that the changes he wanted were "outside the scope" of the contract. Hopefully you have a written contract which defines the scope, in which case that defense will be more effective.

Plus, as you mentioned, the likelihood of him having suffered damages in the form of lost sales is minimal. He might be able to claim other damages, but they would be even more doubtful and minimal.

There is a difference between having a good case and filing a lawsuit. Regardless of the merits, he might still sue and put you to that trouble.

Please let me know if you have any further questions or comments. We also offer a free consultation (phone # 248-642-7774).

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Answered on 2/01/18, 9:00 am

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