[AccessD] Time for More Legal Discussion - Oh Boy

John W. Colby jwcolby at colbyconsulting.com
Mon Jan 24 12:42:56 CST 2005


You are not responsible for the system not working under conditions it was
not designed for.  The "over t1 lines" is, all by itself a potential show
stopper.  Over T1 lines from where?  The building next door or California
(or Japan)?  Access is simply not designed to handle latency issues of that
nature.

Time and materials, $300 / hour, large up front fee.  You will likely never
hear from him again.  But it needs to come on Atty letterhead.

John W. Colby
www.ColbyConsulting.com 

Contribute your unused CPU cycles to a good cause:
http://folding.stanford.edu/

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Nicholson, Karen
Sent: Monday, January 24, 2005 1:18 PM
To: Access Developers discussion and problem solving
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy


I just glanced over the letter, the last thing I need is more attorney bills
for a system when I believe I was working for someone else's company, I
don't think I went direct.  It is some jabber about them taking the system
up to 27 locations, then of course, the Access backend over T1 lines as the
system grew.  They need to go to SQL backend - I think this weezle is just
trying to get something for free.  Right, I am going to rush out and convert
their Access backend for them.  Wait until they get a shot of my backend.
NOT MY COMPANY, INHERITED DATABASE, FORCED LABOR.  

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of John W. Colby
Sent: Monday, January 24, 2005 1:03 PM
To: 'Access Developers discussion and problem solving'
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy


Yep, time top talk to an atty.  I doubt you have a problem just based on the
length of the silence.  He went away, used it for all this time, and now
claims it doesn't work.  Sounds lame to me.  

Does he have a signed contract with a warranty clause?  If not he basically
doesn't have a leg to stand on.  Time and materials to fix it, at whatever
rate you want to put on it... Payment terms to be agreed upon before work
begins.  Perhaps $300 / hour, $5000 up front, pmt due within 15 days of
invoice receipt.  Your atty will help draft such a letter.  That's how I
made my nightmare go away.  It cost me my atty fees but that was minimal.

John W. Colby
www.ColbyConsulting.com 

Contribute your unused CPU cycles to a good cause:
http://folding.stanford.edu/

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Nicholson, Karen
Sent: Monday, January 24, 2005 12:43 PM
To: Access Developers discussion and problem solving
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy


This is the first I have heard about it. I have been happily not-contracting
for at least a year and a half, so it has to be that long.

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Charlotte Foust
Sent: Monday, January 24, 2005 12:34 PM
To: Access Developers discussion and problem solving
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy


Sounds like time to have an attorney talk to him.  How long ago did he
discover that the program was "bad"?

Charlotte Foust


-----Original Message-----
From: Nicholson, Karen [mailto:cyx5 at cdc.gov] 
Sent: Monday, January 24, 2005 9:13 AM
To: accessd at databaseadvisors.com
Subject: [AccessD] Time for More Legal Discussion - Oh Boy


What happens when a program is written for a customer using Microsoft
Technology, and the Microsoft Technology is bad - its data, its logic. It
has cost this one client, he claims, $3000 in lost revenue and he wants the
payment for the system refunded plus damages.  The user never notified said
programmer that there was a problem even though they have been using it for
a good six months.


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