[AccessD] Time for More Legal Discussion - Oh Boy

William Hindman dejpolsys at hotmail.com
Mon Jan 24 17:32:27 CST 2005


..otoh, it may be a potential client looking for a way out ...offer it to 
him at a price that YOU can afford in a 1-2 page proposal ...if he bites, 
you can farm out the parts you don't want to deal with to independents here 
with real world experience in WAN ...if not, your proposal should have 
identified your outs to him and get him off your back.

..the odds are that he's got a ditto-head in his shop that has screwed 
things up royally and he's been listening to a few outside shops who would 
just love to "upgrade" him to a "real" database ...at a price of course 
..give him a way to solve his problem and you might turn a pita into a 
profit center.

William Hindman


----- Original Message ----- 
From: "Nicholson, Karen" <cyx5 at cdc.gov>
To: "Access Developers discussion and problem solving" 
<accessd at databaseadvisors.com>
Sent: Monday, January 24, 2005 2:07 PM
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy


>I am not sure where the locations are, but I know they are scattered
> across states.  I have to look in my records tonight to see who billed
> this and when.  If it was not me, I have a nice firepit full of garbage
> just waiting to be lit.
>
> -----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 1:43 PM
> To: 'Access Developers discussion and problem solving'
> Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy
>
>
> 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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