I got sued, with a contract.

Recently I worked on a job and charged $3,000 to complete an e-commerce website.
The client sued me in small claims stating the site didn't work etc. etc. The judge awarded him $830 and I had a contract.

It seems like whether you had a contract or not any client can simply be delivered the code then go to court and say the site doesn't work and may receive some of the money back. It happened to me.

What exact piece in the contract can protect me from this? and how?

I decided to draft a small 1 page form that signed at the end of the project before delivery it is titled 'Satisfaction of Project and Deliverables' it basically reads.

I [client name] agree that i am satisfied with the work delivered. that is is complete, it is functional and meets or exceeds my expectations.
I [client name] will not charge back and fees paid for work delivered, i will not sue or claim of incomplete or missing items.

I hereby agree to the above statements, signature and includes last 4-digits of ss or tax-id or DL #.

Do you guys think this will work?

Hello, I am really sorry to hear this.

If I were a freelancer I would allow complaints within 7 (or more) days or something. I wouldn't sign this as a client, because some issues may not be visible the first day and it looks like if you do not take care of the customer after the work has been done.

I would also write that the client has to come to you first and try to solve the problem, before he makes claims in court.

Hopefully an experienced freelancer can give us some advice on how to handle this.

* I am not an attorney and this is not a legal advice. I do not take any responsibility about the validity of the information provided above. (I think I got that right.)

Well, what I want to know is why you let it go as far as it did to a small claims court.

What did you not do to try to resolve it prior to court? Or did the client make no mention to you after business was rendered and surprise you with this small claim?

You're missing a bit of story here, that's all!

We'll there was brief contact before the claim where I tried to resolve small design changes etc. but then he simply just did not say anything and was served 3 weeks later. I was always available via phone/email.

It is assumed that after delivery has been made thorough testing has been performed on testing and production servers. What issues should not be visible on the first day?

In addition, the contract states that I will assist with issues on the frist 7 days upon launch.

Originally Posted by Eightloop Hello, I am really sorry to hear this. If I were a freelancer I would allow complaints within 7 (or more) days or something. I wouldn't sign this as a client, because some issues may not be visible the first day and it looks like if you do not take care of the customer after the work has been done. I would also write that the client has to come to you first and try to solve the problem, before he makes claims in court. Hopefully an experienced freelancer can give us some advice on how to handle this. * I am not an attorney and this is not a legal advice. I do not take any responsibility about the validity of the information provided above. (I think I got that right.)

Having a contract does not protect you from getting sued, I don't know who told you it did. I wasn't in the court and I don't have access to the judges opinion so I cant comment on what he saw that made him award the client money. For what you've drafted, talk to a contract lawyer. To my knowledge there are no bar certified lawyers here who can give you real advice.

On a related note, carry insurance for this sort of thing.

What would insurance cover? And what kind of insurance are you referring to?

daexec81

First of all, if you decide to have your client sign off on a form such as you outline above, it is critically important that you bring it to your lawyer or, if you don't have one, a lawyer who works in your state or knows your state laws. I have no legal training but I do sense some language there that could (I emphasize could) make greater trouble for you in the long run.

Second, I second Jordan: How did you let this get to the point of small claims court?

Third, you might want to start by reviewing the contract you use/used. A good contract will include a description of the path you take to resolve disputes. It is also typical to list deadlines by which the client has to tell you that something's wrong and one you have to remedy or explain it.

I know you indicate you included the first ...that but perhaps 7 days (business days or calendar days, btw?) isn't long enough? Or perhaps you need to call on Day 6 just to make sure? This could be good PR too.

Fourth. Some people are in love with litigation. Small Claims Court is simple to do, inexpensive as long as you or someone on your staff has some down time, and decisions tend to favor the plaintiff. This may have been the case here.

Originally Posted by daexec81 What would insurance cover? And what kind of insurance are you referring to?

In this instance, errors and omissions insurance, but general liability is also a good idea. Errors and omissions is what it sounds like, they cover professional mistakes. These are underwritten individually so there is no average price to give you. General liability is also what it sounds like, if you are at a client's office and drop a $1,000 vase that is what it will cover.

If you don't know about these I strongly suggest learning about them (Google is your friend).

Yeah, well I guess it's one of those risks you have to take and hope that 2 out of 100 project go this route. Sounds like there really isn't anything from preventing anyone to litigate and make some money. Ya you can have a clause here and there about 7-14 days whatever, at the end of the day if they want to go small claims they will and that's that.

Originally Posted by Lowengard daexec81 First of all, if you decide to have your client sign off on a form such as you outline above, it is critically important that you bring it to your lawyer or, if you don't have one, a lawyer who works in your state or knows your state laws. I have no legal training but I do sense some language there that could (I emphasize could) make greater trouble for you in the long run. Second, I second Jordan: How did you let this get to the point of small claims court? Third, you might want to start by reviewing the contract you use/used. A good contract will include a description of the path you take to resolve disputes. It is also typical to list deadlines by which the client has to tell you that something's wrong and one you have to remedy or explain it. I know you indicate you included the first ...that but perhaps 7 days (business days or calendar days, btw?) isn't long enough? Or perhaps you need to call on Day 6 just to make sure? This could be good PR too. Fourth. Some people are in love with litigation. Small Claims Court is simple to do, inexpensive as long as you or someone on your staff has some down time, and decisions tend to favor the plaintiff. This may have been the case here.