[msfdisk]

HI -

I'm a Professional Programmer and also do alot of side work. I recently ran into a situation that I'm sure others have... Spent over 120 hours developing a site with Custom PHP. Client doesnt pay. Im contracted through a Web Dev company. That company takes her to Court for not paying... etc...
We sent her several emails, phone calls and even certified letter stating if she doesnt contact/pay we will be taking her code down. mind you She has 2 Web Servers. 1 is her live site and the other is a development. Completely Separate ! After we didnt receive a response I took my PHP code down. The web Dev company in court explains this and they reset another date so the Judge can see the work that is complete. Now the client is refusing to give us access to any server to put her code back so we can show it to the Judge...

I'm just wondering could I, as a programmer, be liable?
Has this happened to anyone?

Thanks for your input.

Brandy

[gurutech]

Can you restore the code to a different machine to show it to the judge? I don't think you could be held liable. Since you were never paid for your work, the code is still technically yours, and you should be able to do with it as you wish, whether it be to sell it to someone who will pay you for it, or take it off of the website of the person who won't pay.

[msfdisk]

I cant just copy the code up there was alot of stuff done to the htaccess file on that server as well as alot of included files, etc that I dont have access to now.

:-(

Yea, I would have done that already, if there was a way. I'll have to double check to maybe see if I happen to have some old copies of what could be live pages....

[Sequal7]

Yikes, you dont have a contract, and if you do that contract doesn't have a closing and final payment date clause? Your problem isn't with the client, it is with the company (the web company) They should pay you no matter what, you have fulfilled your end and its not your problem that she hasn't paid them....I have had to go after clients, but the developers I farm out to get paid upon completion of the source I request from them by me. (whether it be an Oracle database or custom CGI code that I cant do)

Anyhow, a lesson learned......(I hope)

Where do you live? Each country has different laws on this.

For example, in Canada, the scripts that you create can be sold, however if not specified in the contract as such, they remain owned by you (as the developer/programmer) to modify and resell or sell as is to other clients.

If the judge wants to see the completed site, then you can place the entire site onto a server that doesn't relate to her for his/her access, to show it has been completed and awaits her payment.

This can be done on your own server that the judge can access.

Really though, as stated earlier, you should be paid by the web company and you may need to sue them for your payment, you didn't contract with the client.

[msfdisk]

I'm in US - Michigan to be exact. Yes I understand I still need to be paid by the Web Co. that part is a lesson learned by me. He has been paying me a little here and there and now owes $1500 still.

[Sequal7]

If he wont pay you until you get the clients money then your doing the right thing to proceed with him and attempt to get him his money, so you get yours.

Surely, between the two of you you can recompile the site on your own server and show that to the judge?

You aren't liable as a programmer for removing the code from her servers, at most you have made it alot harder for the company to get paid because now the client is fuming that the site is down, and will more than likely dig in her heels so to speak.