Client threatening legal action for incomplete website project due to their changes

[notmyname123]

My (Small ltd company based in England) was hired to build a website for a fixed fee of £4,000.
Mistake: no 'formal' contract in place stating delivery dates, or expectations from us (trader) on response times.


Throughout the project, the client was unresponsive, and I frequently had to chase them for feedback and payment. Despite the delays, I proceeded with the work as best I could.
Eventually, the client requested numerous changes, which I accommodated to keep them happy.

These changes became excessive, to the point where the website no longer resembled the original agreed-upon design (which I received positive feedback on last year).

After a while, I had to put my foot down and informed them that I couldn’t continue with the constant changes without any compensation.

They agreed to pay £2,000 (half the agreed amount) towards the works so far: with a 'list' of changes required to class project as complete.

I worked on this list, but the delays returned.

We are now over a year after the project started.

I informed the client that they needed to find someone else to complete the website, as I could no longer keep up with the ongoing modifications and lack of feedback.

Now, the client is threatening to take me to court for not completing the project as agreed and says they will seek to recover the costs of hiring another firm to finish the job. Importantly, there’s no written contract that includes any clause about compensating them for hiring another company to complete the project.

I’ve offered to refund the £2,000 they paid, even though I don’t believe I should have to, just to be done with the situation.

I also host another website for them, which complicates things further - although the subscription for this is up shortly - so I've said they need to transfer that away, too.

Can anyone provide insight into where I stand legally? Any advice on how to handle this situation would be greatly appreciated.

[efpom]

It’s not for me to lecture you, but you now realize that if you are in business, it is crucial that you have in place a written contract – i.e. your standard terms of business, with the capability of modifying those terms for any particular customer.

Crucially, you need a tightly drawn description of the work you intend to do, with a contract term that any changes to that description requested by your customer after the work begins, is to be agreed and priced via a “change order”.

Lecture over!

If I was in your shoes, I would be pointing out that if they hire another contractor to carry out the works, you have no liability for any costs associated with that because the works they now seek to have done are NOT the works that you contracted to do at the time the (original) contract was entered into.

I would also be saying to your customer that you have carried out the works that were agreed at the time the contract was entered into, but as a gesture of goodwill you are prepared to refund the 2k it has paid you, provided that your customer agrees that will be the end of the matter.

It may be that you have some written documentation e.g. emails which demonstrates the work you agreed to do before commencement of the engagement.

[atticus]

I agree withe efpom , and particularly his first 2 paragraphs. You should get that brief nailed down.

[notmyname123]

Lecture received (and expected)
As ever: my mistake. One that I won't make again

They are adamant that we are liable for any costs to complete the new website.
I emphasise new because that's what it is: a new website.
Their existing current website (not built by us) functions fine, they just wanted a new one to refresh their image etc..

I will of course consult a solicitor 'just in case'

But am I right in thinking they have no leg to stand on, with regards to recovering costs for going to another firm to build / finish a website we started and couldn't complete because they stopped responding to us?

[efpom]

Look up the "prevention principle" in contract law - Does that fit the position you found yourself in - not responding?

If you have not paid over the 2K, I would be withdrawing that offer, or. at least, giving the other side 7 days to accept or the offer lapses.

[atticus]

But am I right in thinking they have no leg to stand on, with regards to recovering costs for going to another firm to build / finish a website we started and couldn't complete because they stopped responding to us?

No, that would be a naïve assumption. Given the apparent lack of documentation or possibly even agreement as to what you were and were not going to do, all outcomes are possible.

Gather together every single scrap of evidence you may have - letters, emails, WhatsApp messages etc etc. Show themto your solicitor.

And, for your next job, get contract documents and terms of business prepared.